When parties to a divorce have a child with special needs, their case becomes instantly more complex than a typical divorce case. “Special needs” is usually determined by categories that the public school system considers eligible for special education services such as autism, learning disability, physical and health impairment, developmental delay, emotional disturbance and hearing and visual impairment. There are unique issues that must be considered to avoid landmines when your client has a special needs child, such as properly structuring child support so a disabled child does not lose valuable public benefits. Attention must also be given to several areas of planning including the special needs child’s transition into adulthood, which attention is not usually given in a typical divorce case. The following is a guide to representing a client who has a special needs child.

At the outset, do not simply have your client tell you his/her child’s diagnosis. Instead, also have your client walk you through a “day in the life” of the child so you are aware of the day-to-day challenges the child faces. These challenges can easily affect custody and parenting time. For example, many special needs children have problems with transitioning. They need more structure and consistency than the average child. As a result, a standard parenting time schedule where a child goes back and forth between the parents’ houses may be traumatic for that child.

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