Divorcing parents who have a special needs child should work toward a joint child custody agreement that provides their child with the best ongoing emotional and financial support they can provide. Without an agreement, the judge presiding over your divorce will make decisions according to what they see as your child’s best interests. It’s a gamble to place your child in the hands of a judge who does not know their routine, what stresses and calms them, or their medical and therapeutic care and special education needs.
Separation and divorce with an autistic child or other special needs children cause them a huge disruption. Despite your best intentions, this is new to you, too. But the legal team at Charles R. Ullman & Associates has the compassion, knowledge, and experience it takes to help you meet your child’s needs within your overall goals for your divorce. Our lawyers have helped many special needs parents resolve child custody and visitation issues. We can help you develop a co-parenting schedule that meets your child’s needs during and after your divorce.
Contact us today at (919) 829-1006 or through our online contact form to schedule a discussion of your child’s needs with one of our experienced family law attorneys.
The Importance of Tailored Custody Plans for Special Needs Children
Each child with neurological or physical challenges, such as autism spectrum disorder (ASD), attention-deficit/hyperactivity disorder (ADHD), cerebral palsy, and other developmental disabilities, has unique physical, emotional, psychological, educational, and social needs. The child needs understanding and possibly accommodation and assistance in the home, school, and community. Their parents’ separation and divorce may exacerbate any emotional and behavioral problems they have.
Assuming there are no issues of neglect, abuse, or simple inability to properly care for their special needs child, divorcing parents should work to develop a joint custody agreement based on a co-parenting schedule. This is normally the best custody arrangement to establish the stability and consistency a child with autism or other special needs requires and to ease the negative effects of divorce.
Providing the stable and safe environment that a special needs child requires means you and your ex-spouse must come together for a great deal of cooperation. If you cannot reach an agreement with your former spouse, our child custody lawyers can represent and advocate for you during child custody proceedings in court to pursue the best arrangement for you and your child.
Developing an Effective Custody Schedule for a Special Needs Child
Under North Carolina law, parenting plans must serve the child’s best interests. A parenting agreement should be practical and allow both parents to maintain a meaningful and consistent relationship with their child while ensuring their child’s needs are met.
The court will consider each parent’s ability to provide for their child physically, financially, and emotionally and whether the plan is appropriate for the child’s needs, age, and maturity level. For a special needs child, decisions about physical custody should be based on each parent’s ability to respond when the child needs medical care required by their disabilities. When the child is mature enough and otherwise capable, the court may also ask about their preferences.
In a co-parenting plan, the parties share parenting responsibilities and decision-making for their child. This agreement will be legally binding if approved by the family law judge presiding over your divorce. It should address several factors, including:
- Custody and visitation – How much time will each parent have with the child and when? How will the child spend holidays, birthdays, school breaks, and vacations? How may the non-custodial parent contact their child, and how often?
- Daily schedules – Routine is vital for many children with special needs, particularly those with autism. Parents should agree to stick to established routines, schedules, and caregiving approaches. Changes should be necessary, realistic, centered on the child’s needs, and promptly communicated to the other parent.
- Decision-making – You and your co-parent should determine what types of decisions may be made independently and how they will be communicated. On the other hand, what kinds of decisions must be made jointly, and how will they be made?
- Parental communication – Open communication is critical for you and your child’s other parent. You should consider the best method for communicating with your co-parent, the necessary frequency, and time requirements for responses.
- Primary contact – You should decide who the school, after-school care, community/therapy/activities center, or emergency medical response should reach out to first when a parent is needed.
- Long-term care – Discuss who will care for your child if neither of you is available and how they will be supported financially.
Special Considerations for Your Child’s Needs
There are many factors to consider when deciding on a joint custody schedule – and even more to consider when your child has special needs. For example, if there is certain medical equipment your special needs child requires, you must determine whether it’s practical to have it at both households or to move it along with your child each time custody changes. Or your child may need the consistency of staying with one parent and having a solid routine. You may decide that one home needs to be your child’s primary residence.
Physical custody isn’t the only issue to consider, though. Depending on your child’s age, maturity, and capabilities, you may need to set rules for screen time with social media, TV, movies, and music. You should discuss how new people in each parent’s life will be introduced to your child and how much of their presence (including overnight) is allowed when each of you has custody of your child.
You’ll also want to decide whether each parent has the ability to take them to any necessary medical or therapeutic appointments, maintain emotional and sensory stability, and follow a consistent routine.
Our experienced child custody attorneys are familiar with these special needs and others that you must consider when determining the best co-parenting arrangement for your child. We’ll guide you through the process and ensure you think of everything when it comes to meeting your child’s needs.
Contact an Experienced Child Custody Attorney in Raleigh
At Charles R. Ullman & Associates, our child custody lawyers can help you pursue a custody arrangement that will protect and promote the best interests of your special needs child. Our team, led by a North Carolina State Bar-certified Family Law Specialist, has helped many parents of special needs children from throughout Raleigh and Wake County resolve child custody and co-parenting issues, such as this happy client:
“I had a very high conflict custody case and was fortunate enough to have Charles and his team working with me. He and his office are absolutely amazing, they are kind and understanding and always willing to go the extra mile to help. I truly appreciate everything that they did to help me and my boys and I am forever indebted to him and his staff. I will highly recommend if you have to go into court that you do so with Charles and his office.”
– Christie E.
With over 25 years of experience, we know what concerns to go over with you as we discuss your needs and desires and prepare to negotiate a plan with your spouse. Contact us today at (919) 829-1006 or online for a meeting and see why we’re a good fit for you.
