Special-Needs Children
HELPING TO PROTECT SPECIAL-NEEDS CHILDREN DURING A DIVORCE
Issues unique to special-needs kids in divorce
Divorce can turn anyone’s life upside-down, but when you factor in the added responsibilities borne by parents of a special-needs child, the anxiety expands exponentially. Lauren B. Abramson, Esq., who has a Master of Social Work degree, understands the challenges you face and works tirelessly to ensure the needs of your child are met.
LONG-TERM PLANNING FOR YOUR SPECIAL-NEEDS CHILD
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Many issues arise during the divorce of parents with a special-needs child, including:
• Who will act as guardian of the child while he or she is a minor?
• What will happen to the child after age 21?
• What will happen to the child after the custodial parent dies or becomes incapacitated?
• Where will the money come from to provide the special care the child requires?
• What if the parent who has visitation rights can’t be relied on to get the child to medical appointments or to administer medication?
The attorney and staff at the law offices of Lauren B. Abramson work with you to address your concerns and to develop a long-term plan for your child.
Essential Tactics for Special Needs Child Custody Cases
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When navigating a child custody dispute involving a special needs child, parents face unique challenges that require careful consideration and specialized knowledge. Keeping the following strategies in mind can help you protect your child’s best interests.
- ● Document your child's specific needs - Maintain detailed records of medical appointments, therapy sessions, educational requirements, and daily care routines to demonstrate your understanding of your child's unique situation. Be honest about safety and necessary accommodations.
- ● Gather testimony from healthcare professionals - Secure statements from your child's doctors, therapists, and specialists who can speak to their specific care requirements and determine how to properly provide that care.
- ● Focus on stability and continuity of care - It’s important to remember that maintaining your child's current medical providers, educational placement, and therapeutic services is paramount. While it’s important to maintain as much stability as possible for any child, there are some situations where children might have extra trouble adjusting to environmental changes and transitions.
- ● Create detailed parenting plans with specific protocols - You and your spouse will need to work together to make a comprehensive agreement that outlines medication schedules, emergency procedures, and behavioral management strategies for both of you to follow.
- ● Discuss finances - You’ll need to address long-term financial responsibilities, including medical expenses, specialized equipment, and your child’s potential future care needs beyond age 21.
- ● Demonstrate each parent's capability and training - Show your knowledge of your child's condition, your ability to administer care, and any specialized training you've received.
- ● Prioritize the child's educational needs - You’ll need to make sure that your custody arrangements support your child's Individualized Education Program (IEP) or 504 plan and maintain access to appropriate educational resources.
- ● Plan for emergency situations - Establish clear protocols for medical emergencies and make sure that both parents understand their responsibilities in crisis situations.
Successfully navigating a child custody dispute involving a special needs child requires experienced legal representation. Our office is here to help.
VISITATION AGREEMENTS WITH A SPECIAL-NEEDS CHILD
Some special-needs children do not adapt well to a traditional visitation schedule, which often calls for the child to stay at the noncustodial parent’s house on weekends and school holidays. Children with autism spectrum disorders, for example, may react negatively to such changes in environment. The staff and attorney at the law offices of Lauren B. Abramson have the training and experience to address the issues of special-needs children in a divorce.
CHILD CUSTODY CONSIDERATIONS DURING A DIVORCE
In any child custody agreement, the court determines where the child should be placed according to the specific needs of the child and the standard of care that each parent can provide. The question of custody is even more important when a child with special needs is involved; since children with special needs typically require a greater level of care, additional considerations must be made when determining custody. These considerations include:
• The location of the child's medical provider(s)
• The ability of each parent to physically and financially provide for the child's needs
• Each parent's ability to provide medical care to the child
• Whether the child will have proper access to each parent's property; for example, wheelchair ramps, bathrooms properly equipped for special needs, etc.
• The child's ability to adjust to a new residence, school, community, and/or religious institution
• The communication and relationship between the parents
As with any custody case, it is best for each parent to communicate constructively and effectively to arrive at an agreement that will best serve the needs of the child.
CALL US TODAY TO DISCUSS YOUR DIVORCE INVOLVING A SPECIAL-NEEDS CHILD
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Lauren B. Abramson, Esq. understands the challenges you and your children face. We serve individuals and families throughout Westchester and Putnam counties, including White Plains, Harrison, New Rochelle, Bedford, Armonk, Bronxville, Larchmont, Mamaroneck, Somers, Croton-on-Hudson, Peekskill, Rye, and Carmel. Our office hours are 9 a.m. to 5 p.m. Monday through Friday. We also accommodate evening and weekend appointments when needed. Parking is free. Call us at 914-777-1101 or contact us online to schedule an appointment.