As you deal with your divorce involving special needs children, you are aware of all the unique challenges these cases present. Attempting to handle all the complex legal issues on your own can be challenging. Fortunately, an experienced divorce with special needs children lawyer in Reston can help guide you through every step of the process.
For over a decade, the experienced Reston divorce lawyers at Melone Hatley, P.C. have been representing the parents of children with special needs as they work their way through all the legal issues these cases involve. Reach out to us to set up a free consultation with a Client Services Coordinator today.
Issues a Divorce With Special Needs Children Attorney Serving Reston Can Help You Address
Securing the services of an experienced Reston family lawyer is essential for ensuring an outcome that meets your goals when going through divorce with special needs children. Your lawyer will handle all the challenging legal issues you encounter while working to create a robust case supporting your position.
Custody and Visitation
Custody and visitation rights are the most essential issues that need to be resolved when dealing with a divorce involving special needs children. Unfortunately, coming to terms with your spouse about the living situation of your children and both of your rights to make decisions about their lives is incredibly difficult and typically the most disputed issue in the divorce process.
Virginia Code § 20-124.2 sets the state guidelines regarding custody and divorce. This legal code prioritizes the needs of the children of divorcing parents and includes provisions that address the unique challenges present in co-parenting a special needs child. However, it’s important to clearly demonstrate your child’s needs if you want the court to consider them.
Coming to terms with your spouse on custody and visitation out of court can have its benefits. However, it is uncommon for spouses going through a divorce to reach an agreement on all issues, especially in complex cases. Because of this, custody and visitation are almost always settled in a courtroom.
Child Support
After custody and visitation, payments for child support is the biggest issue that needs to be resolved during a divorce involving children with special needs. Virginia Code § 20-108.2 sets the guidelines for how child support should be awarded, providing a framework that addresses a variety of circumstances.
The law grants the court discretion to make rulings that go beyond the standard guidelines in extreme cases, including situations involving children with special needs. However, you are responsible for clearly demonstrating your child’s financial needs if you want the court to consider them.
An experienced Reston divorce with special needs children attorney will clearly explain to the court the full extent of the costs associated with raising your special needs child, including expenses for medical equipment, healthcare, and special education.
Factors That Will Affect the Court’s Decision About Custody in Cases Involving Children With Special Needs
There are many variables the judge handling your case will consider when ruling on your Virginia special needs custody case. The primary goal of the court is to ensure an outcome that aligns with your children’s best needs. A few of the things that will be taken into account include:
- The mental and physical condition, age, and evolving developmental needs of your child
- The mental and physical condition and age of you and your former spouse
- The role both parents have played in the life of your child to date
- The willingness and ability demonstrated by both parents to ensure a deep and continued relationship with your child
- The likelihood for both parents to play an active role in supporting a positive relationship between your child and their other parent
- Your child’s preference they are determined to be old enough and possess the understanding, intelligence, and experience level needed to express their preference by the court
- The needs of your child concerning their relationships with extended family members on both sides
- The existing relationship between your child and both parents, factoring in the positive involvement you each have in your child’s life. Also, the ability of you both to address the emotional, intellectual, and physical needs of your child
- Any domestic violence or abuse history committed by either you or your ex-spouse
- Any other details the court considers relevant for deciding custody
Reston Divorce and Special Needs Children
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703-995-9900Other Issues to Account for in Child Custody and Support Cases With Special Needs Children
On top of the usual issues that are present in all custody and child support cases, there are a variety of additional problems that you will need to address during a divorce that involves special needs children.
For example, when attempting to secure child support payments from your spouse, the assumption tends to be that the more money you will collect, the better. However, if the child support payments from your former spouse are too high, it could disqualify your child from collecting federal disability benefits and state benefits.
Furthermore, children with special needs often require care that extends beyond adolescence. If you know or expect that your child will need care as an adult, you’ll need to inform the court so they can make a ruling on child support and custody that reflects your child’s longer-lasting needs. An experienced divorce with special needs children lawyer serving Reston will help.
Work With a Divorce With Special Needs Children Lawyer in Reston
At Melone Hatley, P.C., we are dedicated to working as your partners during your divorce. Our legal team will work around the clock to help you meet your goals while protecting your rights.
We will use our 30-plus years of combined legal experience to help you overcome the unique challenges that exist in these cases.
Our divorce with special needs children attorneys in Reston will help you every step of the way. Contact us through this site or by phone to set up a free case review and learn more about how our attorneys will help.
