Families with Special Needs Children

Divorce For Families With Special Needs Children

If you are a parent of a special needs child, you know that just about everything in your life is impacted by your son or daughter’s disability. Unfortunately, going through a divorce with a special needs child is no different. Choosing an attorney who understands the types of struggles you have as a parent because she has walked in those shoes can be a social and legal benefit.

At the Law Offices of Kelley A. Joseph, P.A., our founder is not only an experienced and professional litigator, she is also the proud mother of a son with autism who is the light of her life. Attorney Kelley A. Joseph intimately understands divorce with special needs children. She knows the adjustments that must be made to relevant legal issues, but also can relate to the personal challenges you may be experiencing.

Children With Special Needs Require Special Consideration In Divorce

Every child has his or her own set of challenges, but some of the issues in a divorce that will require attention when a child has special needs include, but are not limited to:

  • Separation and temporary relief — The financial pressures and struggles that are often present in divorce cases involving special needs children may require early court intervention to ensure stability for the child. This may include establishing a separation agreement and obtaining financial support.
  • Child support — There are guidelines that a court must follow for establishing child support, but your child’s medical expenses or therapeutic measures may justify a child support order that is higher than the guideline amount.
  • Child custody and parenting plan — Your daily schedule revolves around providing for and caring for your child. The ability of your child to transition or change environments will require a custody and parenting plan that places your child’s needs at the center of the plan. In addition, if there are other children in the family their needs cannot be overlooked in the development of a custody agreement.
  • Spousal supportAlimony decisions must take into consideration the ability of a stay-at-home spouse to re-enter the workforce and support himself or herself. In cases where a stay-at-home parent has provided primary care for a special needs child, a longer duration or delayed rehabilitative spousal support may be an option.
  • Property division — Depending on your circumstances, if your home has been remodeled or purchased to accommodate your child’s needs, discussions regarding the division of property require a different strategy and resolution.

Kelley A. Joseph has helped many parents of special needs children successfully navigate these issues in divorce. She has experience, understanding and empathy for the challenges associated with setting up a co-parenting plan for a child with special needs.

Ask A Lawyer About Divorce And Establishing A Parenting Plan For A Special Needs Child

Attorney Joseph brings understanding and empathy to all of her clients’ cases. If you are faced with a divorce and you are the parent of a special needs child, contact our South Florida family law firm or call our Fort Lauderdale office at 954-376-4826.

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