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

A divorce agreement between the parents of a child with special needs must indicate how the parents are to communicate the educational and medical care needs of the child. Whether the divorce is contested or uncontested has a large impact on these agreements.

An Uncontested Divorce

An uncontested divorce is the simpler of the two options. When the two parents are in agreement about the state of their divorce, it is far easier for them to agree on how to address the needs of their child.

This is not to say an uncontested divorce with a special needs child is a worry-free one. The two of you must agree on strict, enforceable rules to ensure that your child's needs are met. You must also be sure that the divorce, in and of itself, is not disrupting the health and safety of your special needs child.

A Contested Divorce

A contested divorce can be quite detrimental to your child's health, especially if you and your husband disagree about child custody and visitation rights. This can be even more risky if the two of you disagree about the severity of your child's condition as well. In these cases, you will need an experienced Virginia divorce lawyer to fight on your behalf and for the welfare of your child.

Throughout the court proceedings, it is important that the following questions are answered in your favor.

Which parent is best suited to care for the child's medical and educational needs?
Has either parent shown any measure of unwillingness to administer necessary medication or to comply with the orders of medical professionals?
Will the right of each parent to participate in important decisions regarding the child's medical or educational needs be affected by divorce?

At Hofheimer/Ferrebee, we understand that the health and happiness of your children is your #1 concern. We will work with you to address any fears and anxieties you may have about your children's future. A women's-only Virginia divorce lawyer will guide you every step of the way to ensure that you achieve the best possible child custody and child support arrangements for you and your children.

To learn more about your Virginia divorce, request a FREE copy of our guide, What Every Virginia Woman Should Know About Divorce, or reserve your seat at our monthly divorce seminar - 757-425-5200.

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