Any time parents are divorcing, the well-being of their children should be paramount. Divorce is an emotional situation and brings significant change in everyone’s lives. When special needs children are involved, there are added concerns to address. Parents’ divorce discussions should incorporate several recommended practices to help them focus on their children’s best interests.
Cooperate in Co-Parenting
Children benefit when parents can put aside their disputes as a couple and work together in parenting their kids. Connecticut courts also favor parents settling custody and parenting time issues on their own or with the help of qualified experts, such as parenting coordinators, mental health professionals, and family counselors. Whenever possible, it is recommended for parents to develop their own parenting plan because they should understand their children’s needs better than a judge.
Name a Team of Specialists for Your Special Needs Child
Parents of special needs children may have medical, education, mental health, and other specialists they rely on in providing care for their child. These individuals should be named in the parenting plan. The purpose is for parents to agree in writing on who they will consult to help address any issues that may arise with their child. This can minimize the need to go to court to resolve disputes, which saves time, money, and stress.
Consider Your Child’s Unique Circumstances in Developing a Parenting Plan
Every child is different regardless of whether they have special needs. The parenting plan should cater to the child’s unique needs and capabilities even if it poses an extra burden on parents. In the case of a special needs child, that may require trying to maintain the child’s routines, following dietary and medical guidelines, and other accommodations. The goal is to craft a parenting plan that encourages the child’s development and is tailored to their strengths.
Be Flexible
Circumstances can change over time. Parents should be flexible about adapting their parenting plan to account for new circumstances. Ideally, they should work together to find a solution or consult a parenting coordinator for assistance. Going to a judge should be a last resort.
Account for Extraordinary Expenses
Child support may not cover all the costs associated with caring for a special needs child. As part of the divorce negotiations, parents should try to identify all the expenses for their child and decide how to pay for them. Any agreement on costs should be included in the parenting plan.
Discuss Special Needs Planning
An experienced estate planning attorney can advise parents about setting up a special needs trust. The trust allows parents to set aside funds for their child’s care into adulthood while preserving the child’s ability to qualify for government benefits.
Explain What Your Child Needs to Your Attorney
Parents should ensure that they share the details of what their child requires in terms of the level of care and specific needs with their attorney. The attorney can then ensure that these are addressed in the parenting plan.
Divorce is a challenge for children, particularly those with special needs. However, parents can help them adjust and minimize disruptions by cooperating whenever possible and working with a skilled attorney and other professionals.
If you have a special needs child and are considering divorce, contact us for consultation.
