When parents make the difficult decision to end their marriage, they will have to determine child custody. Understandably, child custody matters can be complex and emotionally charged as each party’s parenting time is at stake. However, when the child involved has special needs, they require specific considerations that must be taken into account when ironing out a visitation and custody arrangement that will be most beneficial for the child. In Massachusetts, the court’s top priority is to ensure that the child’s best interests are met while addressing their unique requirements. It’s important to note that families with children who have special needs have different financial considerations that need to be taken into account during the divorce process. If you’re divorcing a child who has special needs, it’s in your best interest to contact our compassionate Bristol County Child Custody Lawyers, who can help you navigate this complex process. Please continue reading to learn how child custody requirements differ for special needs children.
Are Child Custody Requirements Different for Special Needs Children?
To better understand how child custody differs for children with special needs, it’s essential to know how it operates. Generally speaking, this family law concept refers to the legal rights and responsibilities a parent is expected to provide for their child. It’s crucial to note that two types of custody are legal and physical. Legal custody refers to the right to make vital decisions concerning a child, such as education, healthcare, religion, and discipline. On the other hand, physical custody refers to where the child primarily lives.
During divorce proceedings, the court will typically award joint custody to preserve the parent-child relationship. The court recognizes that having a regular and ongoing relationship with both parents is in a child’s best interest. This arrangement allows parents to split time with the child, typically according to a visitation schedule. However, splitting parenting time comes with various transitions, which can impede a special needs child’s progress and development.
Children with special needs often have difficulty when it comes to transitions. Parenting time arrangements that involve switching environments regularly are not beneficial for a child with special needs. They benefit more from having a structured routine. It’s important to establish consistency and stability. Therefore, when the court handles custody arrangements involving special needs children, they consider how it will impact their daily lives and whether each parent can provide for the specialized care the child requires.
Are Child Support Guidelines Different?
Furthermore, Massachusetts child support guidelines were not developed to accommodate the increased financial burden associated with raising a child with special needs. While child support usually covers a child’s necessities like food, shelter, and clothing, there are additional costs that custodial parents may have to pay for their child with special needs. This includes medical treatments, specialists, medications, therapy, equipment, and private school tuition. The financial needs of caring for a special needs child can be substantial. Therefore, it’s in your best interest to retain the legal services of an experienced lawyer who can negotiate these additional costs into a support agreement.
At The Law Offices of Cynthia L. Hanley, P.C., we are prepared to help you protect your rights and the future relationship between you and your child. Allow our firm to represent your interests to meet your child’s best interests.
