Families with special needs children face challenges that might complicate their relationships and contribute to their divorce. About 20% of families have children with special needs, and the divorce rate for these families is generally higher than the national average. With over 80% of parents with special needs children ending up divorced, there are many obstacles that these families in New Jersey will need to overcome and many considerations to ponder that affect parenting a special needs child after the marriage has ended.
Financial Challenges
Financial concerns are often at the forefront of divorce discussions between parents. When a family has a special needs child, however, these concerns are even more crucial. When parents address child support, there are additional areas that they must consider beyond the usual expenses related to raising their children, which include:
- Ongoing medical bills
- Physical therapy costs
- Educational accommodation expenses
- Specialized equipment costs
Additionally, support discussions must also consider how long it will be paid, which for many special needs children will go on after they reach adulthood, and often, for life. Parents will need to make long-term plans and arrangements about how they will address this issue as the years go on. Your New Jersey family law attorney can help you review the financial needs and concerns and plan for the divorce negotiations.
Legal Challenges
Due to the child’s needs and specialized care, there will be legal decisions that a parent must make. These decisions can impact the child’s quality of life and health. It is often in the best interests of the child to have the parent who is willing to listen and confer with the other parent make those decisions. Parents will also often need to decide about legal guardianship, as some special needs children will not be able to make decisions on their own due to cognitive or developmental disabilities. Appointing a legal guardian who can be legally responsible for making important decisions such as those related to care on behalf of the child will be another consideration.
Child Custody Considerations
Child custody is another area that must be handled with particular attention in cases where there is a special needs child. Deciding on custody goes beyond the usual considerations, as it is frequently focused on which parent can best provide the specialized care and support the child will need. This also usually involves the question of which parent was the primary caretaker for the child before the divorce. Additionally, custody decisions for special needs children will often be made for the duration of the child’s life.
Crafting a parenting plan that includes many of your child-related concerns and how to address issues, conflicts and challenges in the future is important to ensure that both parents are focused on the child’s needs. You can consult with your New Jersey family law attorney to help you create a plan that protects your child’s interests.
The Role of Social Services
Social services will also be important as you care for and support your special needs child after a divorce. Understanding how they work and how divorce will impact your child’s eligibility needs to be a priority. Some of the services that your child might need or use include:
- Special education services
- Medical assistance programs such as Medicaid
- Social Security Disability and Supplemental Security Income
The Well-Being of the Whole Family
As you maneuver the divorce and begin your post-divorce life, it is important to keep in mind the well-being of the whole family. There is a danger to relying too much on the siblings of special needs children, as parents sometimes get overwhelmed and depend on their other children for help. Making sure that all the children in the family are receiving the love, care and support they need can help the family have a more stable relationship.
A Family Law Practice That Works for You
Finding a New Jersey family law attorney who will listen to your concerns and help you prepare for the changes during and after the divorce is important, particularly when you are dealing with the additional concerns of parenting your special needs child. At Morgenstern & Rochester, we are ready to support you during the whole process. You can call us at 856-489-6200 to make an appointment for an initial consultation at our Cherry Hill offices.