Family Law

Special Needs Children and Family Law Considerations

Key Takeaways

  • In family law cases, courts make decisions about the care and custody of children using the best interests of the child standard.
  • Courts making decisions about the custody and support of special needs children will use the same best interest of the standard but place additional weight on some factors.
  • A special needs trust can provide financial support for a child with special needs while keeping them eligible for government programs.

Special needs children can have special considerations. It can mean physical alterations to a home, adaptations at school, and life-long medical care. Family law cases involving children with special needs require extra sensitivity. These cases may also require additional knowledge of unique legal considerations.

This article answers some frequently asked questions about those unique legal considerations. There are resources for how parents can advocate for their special needs children most effectively. The laws governing family law vary significantly from state to state. If you are a parent with a special needs child, contact a local and experienced family law lawyer for answers to your specific questions. 

What Are the Special Needs of Children With Disabilities in Family Law Cases?

In family law cases, judges make decisions about the care and custody of children using the best interests of the child standard. In a custody case, the court must weigh numerous factors to determine child custody, emphasizing the child’s well-being. Courts making legal and physical custody decisions for special needs kids will use the same standard. However, there may be additional weight on certain factors. 

Courts need to consider how custody arrangements will affect the child. This includes decisions about:

  • Legal custody
  • The needs of the child
  • Medical needs
  • The child’s age
  • Financial support
  • Proximity and access to specialized medical care
  • Educational accommodations
  • Tailored support services

How Parents of Children With Disabilities Advocate for Their Child’s Best Interests

Parents can best advocate for their child’s best interests by providing clear evidence of their special needs. This will include testimony from caregivers, healthcare providers, and educators. Parents will also need to provide medical records, educational plans, and testimony about how they support their child’s needs.

It helps to have a family law attorney with experience with children with special needs.

Legal considerations may include the child’s right to appropriate education under the Individuals with Disabilities Education Act (IDEA). Special considerations include ensuring access to therapy, medical care, medical treatments, and medication. The court will likely ask parents to provide a parenting plan that addresses the child’s access to education and medical care. 

How Can Parents of Children With Disabilities Protect Their Child’s Inheritance Rights? 

Parents may need to establish a special needs trust. A special needs trust provides financial stability for the child. A trust can also maintain eligibility for government benefits and assistance programs. Talk to a family law attorney with experience in estate planning for families with children with special needs.

What Resources Are Available for Parents to Navigate the Family Law System? 

Resources available to help parents of children with disabilities are usually at the state level. There are also national organizations that provide general support and special needs advocacy, including:

State non-profit organizations and legal aid societies will offer guidance on family law issues. The best resource will be a local and experienced family law attorney. 

How Can Attorneys Help Parents With Special Needs Children?

Clients have the right to confidentiality, sensitivity, and attorney-client privilege. Attorneys representing parents of children with special needs must consider all aspects of the child’s life and needs.

Your attorney can collaborate with special educators, physicians, and therapists to develop a care plan that keeps the best interests of the child the focus. They may emphasize child custody, child support payments, and care after the child reaches the age of majority.

The family court system takes time to change. Changes may include greater recognition of the rights and needs of children with disabilities. The constant evolution of the family has shown that a one-size-fits-all approach does not always work.

Scientific advances shed new light on autism and learning disabilities. Medical advances may change the needs of special needs children. Courts must adopt more specific and specialized language and provisions in their agreements. 

What Challenges Do Families of Children With Disabilities Face in the Family Law System?

Family law court systems will also face challenges in providing specialized support for children. The best way to overcome these challenges is to engage an attorney with attention and commitment. An attorney can help you develop creative and sensitive solutions to disputes involving children with special needs. 

The laws governing custody and support of children with special needs are the same as for any child. Parents must consider the unique developmental and physical needs of children with disabilities. If you are a parent of a child with special needs and facing a family court case, contact a local family law lawyer about how you can preserve your disabled child’s legal rights.

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