Going through a divorce can be heart wrenching and complex and irritating. Going through a divorce with a child with special needs can make it a lot more complex. Hi, I’m Marie Drake of The Drake Law Firm, and today, I’m going to talk to you about going through a divorce, through a custody battle with a child with special needs.
If you’re going through a divorce, custody battle, or after a divorce or having some sort of custody battle and you have a child with special needs, things are a little more complex and you need an experienced family law attorney. And I know that sounds a little funny coming from me, an experienced family law attorney, but trust me you need the help and don’t try to do it alone. There are other considerations to take in and for the court to be made aware of if your child has special needs. In your first meeting with your experienced family law attorney, make sure that that attorney understands what it takes day to day to care for your child with special needs, whether there’s special medical equipment, or medications, or a feeding tube or whatever. And I hope this isn’t true for you, but I’ve seen it a lot. And what you should know is that the court will sometimes go above and beyond the standard child support calculations to cover those extra expenses. Keep in mind that the courts may also sometimes make sure that child support extends beyond the statutory age of nineteen. If your child needs care beyond the age of nineteen, then the court can award child support beyond that age. It’s a little unusual, but it does happen. And you want to be able to ask for it because otherwise, child support ends at nineteen. So remember, the courts not going to understand this unless they’re made aware of it. And, while ideally, you two will work out an agreement that covers everything, and extends over the age of nineteen if that’s necessary, if that doesn’t happen, call an experienced family law attorney and make sure your child is protected.
If you’re still watching this video, I can tell that you want to protect your children, and not just emotionally and as they’re growing up, but also financially, and especially if your child has special needs. So give us a call here at The Drake Law Firm. We’ll help you figure out your rights and responsibilities and what you can do going forward when you have a child with special needs.