If you are raising a child with special needs, you understand the challenges you face and the strain that can put on your relationship with the other parent. The reality is that the divorce rate among parents with special needs children is roughly 9 out of 10.
In any divorce, protecting the needs of your children is paramount–this is especially heightened when your children require an extra level of care. Fortunately, a Richmond special needs custody lawyer can help ensure the best interests of your children are met.
At Melone Hatley, P.C., we have a long history of helping parents of children with special needs negotiate the custody and visitation process and ensure their children’s interests are protected. Our compassionate team of Richmond custody and visitation lawyers is here to help you. Contact us by phone or through our website today to set up a free case review with a Client Service Coordinator.
Things to Consider When Going Through a Divorce Involving Children With Special Needs
Virginia has guidelines regarding custody and child support during divorces. However, the terms outlined don’t always make sense for cases involving children with special needs. There are many things you will need to consider when going through a divorce of this nature.
An experienced Richmond family lawyer can help you identify issues that need to be addressed and ensure the court considers these special circumstances when ruling on your divorce.
Custody and Visitation for Children With Special Needs
In some cases involving children with special needs, the change of environment from one household to another can be difficult. Finding a custody arrangement solution that works for your child without interfering with either parent’s parental rights can be a challenge.
While the court will likely go outside of the normal custody guidelines when making a ruling regarding custody for a child with special needs, that does not mean that they will succeed in deciding what’s best for your child.
You and your spouse have a far better understanding of what your child needs. The best way forward is to negotiate a custody and visitation arrangement with your spouse that meets your child’s needs. An experienced lawyer can help guide you through this process and ensure your rights are protected and your child’s needs are being met.
Child Support for Children With Special Needs
Additional expenses are common when raising children with special needs. Unfortunately, child support guidelines don’t tend to take these extra costs into account. While the court can choose to go outside the guidelines when awarding support, it is important to ensure they have all the information they need to make a proper assessment of the cost of raising your child.
Your special needs custody attorney serving Richmond can help demonstrate the cost of raising your child to the court and ensure that child support payments are made at a rate that matches your child’s needs, including health care costs, medical equipment, special education, and any other services your child may require.
State and Federal Disability Benefits Guidelines
When pursuing child support from your spouse, it is critical that you take state and federal funding for children with disabilities into account. The government has specific regulations regarding qualification for receiving benefits.
Hiring an experienced lawyer is critical for ensuring that the financial needs of your child are being met. At Melone Hatley, P.C., we are very familiar with the government benefits programs your child can qualify to collect and will help ensure that the terms of your divorce put your child in the best position to get the money required to meet their needs.
Children With Special Needs May Require Care Beyond the Age of 18
In many divorce cases, issues of custody and child support end when the children turn 18. However, many children with special needs require care well beyond their 18th birthday. It’s critical that you consider the long-term needs of your children when going through the divorce process.
An experienced special needs custody lawyer in Richmond can help ensure that all of the needs of your children are accounted for as part of your divorce agreement or order.
Your Child’s Needs Are the Court’s Top Priority
In any divorce involving children, the best interests of the children are the top priority of the court. While the judge in your case will look to find solutions that protect the parental rights of both parents, the children always come first.
In cases involving children with special needs, finding the right balance can be incredibly difficult. Many children with special needs require stability and routine in their lives to function as well as possible. Unfortunately, visitation or joint custody can disrupt the daily routine and create challenges.
While the court will seek solutions that keep both parents as involved as possible, the best interests of your children outweigh any other considerations. This can result in a difficult decision for the court.
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Factors the Court Will Take Into Consideration When Ruling on Custody for Children With Special Needs
The judge in your special needs custody case in Virginia will consider a variety of factors when determining the best interests of your child, including:
- The health and safety of your child
- The relationships that both you and your spouse have with your child
- How much time you each spend with your child
- The impact being removed from their current home would have on your child
- Your child’s attachment to both you and your spouse, as well as any other family members and loved ones
- The age and developmental level of your child
- The proximity of schools and medical facilities to the home of each parent
- The physical, mental, and emotional health of each parent
- The financial resources of each parent
- The proximity of extended family to each parent
- Any issues with either parent, including abuse, substance use, and abandonment
- The wishes of the child, depending on their age and maturity level
Reach Out to an Experienced Special Needs Attorney in Richmond Today
At Melone Hatley, P.C., we have a long history of helping parents of special needs children ensure that their children’s needs are protected during the divorce process while also protecting their parental rights.
Contact us by phone or through our website today to set up a free case consultation with one of our Richmond special needs lawyers.
