Guest Post: How Special Needs Impacts Child Custody

Divorce is never an easy thing to go through even under normal circumstances. Caring for a child with special needs is also a challenge that many parents struggle through. Combine the two and it’s easy to see how much of a struggle both the parents and the child have to go through. When the parents both disagree on what’s best for the child, it is sometimes left up to the courts to decide: and these decisions are always done with the best interests of the child in mind, even if it might not always be considered “fair” for the parents. Knowing what the courts look for will also help provide some perspective on how an arrangement might be reached before it ever gets that far, ultimately ensuring the child will have the best shot in the future.


How Well the Child Copes with Change:

Certain types of disabilities make it very hard for a child to adapt to constant changes such as the sort brought on by every-other-weekend visitations. In these cases a non-standard visitation schedule that emphasizes longer duration visits (usually when school is not in session) is the ideal. In more extreme cases, it may be best for a child to reside with one parent on a permanent basis, with the other visiting in evenings or keeping in touch through remote communication methods such as phone or Skype. When establishing a visitation schedule, it is ultimately best to focus on what arrangement will be least disruptive for the child in question.

School Requirements:

When deciding child custody, it is often preferable that the child not have to change schools, or if they are moving to a new district, that the new school can provide necessary accommodations for the child’s continued education. When enrolling a new student, every school is required to set up an individualized education plan for those suffering from disabilities that are unable to complete the standard curriculum. If either or both parents would have to place their child in a different school if awarded primary custody, then having copies of this educational plan and knowing how well the school in their district can accommodate the needs of the child will go a long way towards deciding what would be best for them.

Financial Burdens:

For many conditions, immediate action may need to be taken regarding whether to go through with a procedure for a child or not. When parents are separated, there are many instances where having to wait on approval from the other parent could endanger the life of the child. As a result, one of the first issues to resolve when dealing with a divorce case involving a special needs child is who will handle deciding on the proper medical care – and subsequent financial burdens. By getting this issue resolved quickly, one can ensure that regardless of how the divorce plays out, the child will be getting the proper medical care that they need.

Social Opportunities:

Another factor in a divorce case involving a special needs child pertains to social activities and events the child may be able to or wish to participate in. Being able to meet the obligation of transporting the child to these activities – where applicable – should be considered when setting up child custody arrangements. If one parent would simply be unable to make the drive due to work-related or other obligations it may be best if the other parent has custody while these events are taking place.

Conclusion:

While there are numerous other factors to be considered when dealing with a custody case involving a special needs case, the preceding four should lay a solid foundation. Keep in mind that another incredibly important factor is that you never want the other parent to be cut out of the child’s life entirely regardless of what may have led to the breakup. Even if one parent may have to give up visitation entirely for sake of the child’s development and well-being, honor the sacrifice by making sure they have ample opportunity to stay in touch and be involved.


Sources:
American Bar Association: http://www.americanbar.org/newsletter/publications/gp_solo_magazine_home/gp_solo_magazine_index/parentsdivorce.html
Health Care News: http://healthcarenews.com/custody-of-a-special-needs-child-sometimes-its-better-to-focus-on-quality-parent-time-not-quantity/

About the author: 
Brennen Kliffmueller is currently studying at FSU School of Law, planning to enter into family practice. Originally from Fort Lauderdale, he'd like to give a special thanks to the Law Offices of Peggy-Cruz Townsend for all the help given to his family in their time of need.