Divorcing with Special Needs Children

Special needs children often require ongoing medical care, therapies, educational support, and supervision. Sometimes well into adulthood. So while divorce is never simple, when a couple shares a child with special needs, the process becomes even more complex.

From customized custody arrangements to long-term financial support, extra steps may be necessary to protect a child’s well-being and future. Talk to a Bucks County family attorney to learn more.

Custody Considerations for Children with Disabilities

In any custody case, courts prioritize the best interests of the child. When a child has special needs, this standard takes on additional meaning. Judges will assess each parent’s ability to meet the child’s physical, emotional, and developmental requirements. This might include reviewing one or more of the following:

• Medical care. Who schedules and attends appointments? Is one parent more familiar with the child’s treatment plan or medications?
• Educational needs. Does the child attend a specialized school or require an Individualized Education Plan (IEP)? Will both parents remain involved in educational decisions?
• Stability and routine. Children with special needs often thrive on structure. A custody arrangement that minimizes disruptions and maintains consistent caregivers may be prioritized.
• Each parent’s home may be evaluated for accessibility, especially if the child uses assistive devices or requires specific modifications.

Shared custody is possible, but it often looks different in these situations. A parenting plan must be tailored to the child’s unique needs and may include provisions for how emergencies will be handled, how transportation will work, and how decisions will be made collaboratively.

Considerations Beyond the Basics

Child support in Pennsylvania is calculated using set guidelines, but parents of special needs children often find these formulas fall short. Medical equipment, home modifications, therapy, respite care, and other disability-related costs can be overwhelming. For example, there may be additional financial needs due to ongoing health insurance and out-of-pocket medical expenses. Or the parent receiving support may need to access supplemental educational programs. Transportation costs to and from appointments could also be assessed as well.

Additionally, unlike typical support cases that may end when the child turns 18, support for a child with disabilities may need to continue into adulthood. Whether this is part of a divorce settlement agreement negotiated by a Bucks County family attorney or not depends on the child’s level of dependency.

Divorcing parents of special needs children should also consider long-term planning. A few tools that may be necessary include guardianship paperwork and ensuring both parents’ wills and financial plans align with the child’s future care needs. There are trusts to ensure the child can receive financial support without losing eligibility for public benefits like SSI or Medicaid.

Are you and your spouse preparing to separate and want to talk to a legal professional about crafting a divorce settlement that addresses the needs of a special needs family member? Divorce doesn’t have to derail your child’s care, proper planning can provide the stability they deserve. Have a conversation with the attorneys at Kevin L. Hand, P.C. Call 215-515-2604 for a confidential consultation.