The Effect of Divorce on the Welfare of a Special Needs Child (Part A)

Divorce and child custody can be difficult enough, but adding a child with special needs to the mix can make things downright confusing. Simply put, children with special needs will give your divorce proceedings some special needs of their own. Children with special needs depend heavily on their parents to cope with medical and emotional issues and these things must be considered in litigation.

Special Needs Litigation for Special Needs Children

If you and your husband do not completely agree on the severity of your child's condition, serious problems can arise. These problems come in determining proper custody and visitation rights. If the amount and type of care necessary is unclear, the court will be unsure of how much time to allocate for each parent to provide such care.

Expert testimony will be of critical importance in your case. A child with special needs should have a variety of professionals he or she is required to see. These people know your child and your child's condition and can provide a professional, unbiased opinion on the matter. Such experts include:

Your child's physical therapist;
Your child's speech therapist;
Your child's occupational therapist;
Your child's special education teacher;
Any other professionals with whom your child works; and
An expert on your child's condition.

Aside from expert testimony, it could be helpful to take the court through a "day in the life" of caring for your special needs child. Make a video of this day to show how well you and your child work together in meeting your child's special needs.

Whether your divorce is contested or uncontested could make a huge difference in the future of your child. It would be in your best interest to consult with an experienced divorce attorney who understands women's issues in Virginia. It is important that the Virginia divorce lawyer you choose has handled cases similar to yours and that they understand child custody as it applies to children with special needs.

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