Divorce is a tough time for everyone involved, especially for children. It becomes twice as hard if divorce includes a child with special needs. Unlike usual custody arrangements, this situation needs more careful planning. Parents have to consider their child’s emotional well-being, daily routine and long-term care. The court should also consider the child’s medical and learning needs when determining custody and support.
A standard custody schedule might not work. If one parent is more familiar with their child’s medical routines, the court may give that parent more caregiving time. Doing so keeps routines consistent and avoids disruptions in the child’s schedule. In such cases, parents may also need to stay in close communication to ensure consistent care. That is why determining who gets custody of the child is only one part of the equation. Below are other key factors divorcing couples with a child with special needs should know.
Support goes beyond the basics
Child support for a child with special needs covers more than the usual costs. The couple should also consider their child’s ongoing medical expenses and therapy. The child will also receive special education. In some cases, the child might need an assistive device. In Washington, courts can order child support to continue beyond 18. This happens if the child is unable to support themselves because of their condition. Parents should consider collaborating with attorneys who understand how to document these needs. The attorney could also help find the proper financial arrangements to cover them.
Planning for the future with special needs trusts
Using a Special Needs Trust (SNT) allows parents to set aside funds for their child’s care. This does not affect the child’s eligibility for government benefits like Medicaid. Including an SNT can help ensure the child’s long-term financial support. It is helpful if one parent needs to provide money through life insurance or inheritance.
Keeping the child’s best interests at the center
Divorce is never easy. But no matter how complex the process is, the most important thing is always the child’s best interest. Divorcing parents of children with special needs should work together. With the help of professionals, they can create parenting and support plans that put their child’s best interest on top.