Richmond Divorce With Special Needs Children Lawyer

When getting divorced from a spouse with whom you have children with special needs, securing the legal services of a Richmond family lawyer can be critical for ensuring you achieve an outcome that aligns with your goals. Your attorney will handle all the complex legal issues related to your situation as they build a strong case on your behalf.

Custody and Visitation

One of the biggest issues that needs to be resolved during the divorce process is determining each parent’s rights regarding custody and visitation. Deciding the living arrangements for your children and who will make decisions about their lives is often one of the most contested parts of the divorce process.

Virginia Code § 20–124.2 provides the state guidelines for custody and visitation following a divorce. These guidelines prioritize the best interests of your child and include provisions that can address the unique challenges of co-parenting a special needs child.

The court can make rulings that consider special circumstances if they are clearly demonstrated.

Although there may be benefits to agreeing on custody and visitation terms out of court, it is rare for divorcing spouses to find common ground on all matters, especially in complicated cases. As a result, custody and visitation are typically decided through the court in almost all cases.

Child Support

Child support is typically the biggest issue that needs to be resolved as part of the divorce process after custody and visitation. Virginia Code § 20–108.2 outlines the guidelines for child support payments, setting up a framework for how support should be awarded in various situations.

The law allows for rulings that fall outside the standard guidelines for extreme cases, including situations involving children with special needs. While the court will consider all costs associated with raising your special needs child, it is your responsibility to demonstrate all the special care needs your child clearly requires and their associated costs.

An experienced Richmond divorce with special needs children attorney will help you document your child’s financial needs, including costs associated with special education, healthcare, and medical equipment.

This ensures that the court fully understands and considers these expenses in its ruling.

The court will take a variety of factors into account when making a ruling in your special needs custody case in Virginia. The primary concern of the court will be to ensure that the best interests of your children are being met. Some of the specifics they will consider include:

• Your child’s age, mental and physical condition, and evolving developmental needs
• The age and mental and physical condition of you and your former spouse
• The existing relationship between your child and each parent, factoring in the positive involvement in your child’s life and the ability of both you and your former spouse to address the emotional, physical, and intellectual needs of your child
• The needs of your child related to their relationships with extended family members on both sides
• The role you and your ex-spouse have filled in the life of your child so far
• The probability of each parent playing an active role in supporting a relationship between your child and their other parent
• The willingness and ability demonstrated by each parent to maintain a close and continuing relationship with your child
• The preference of your child if the court deems them to be old enough and have the intelligence, understanding, and experience level necessary to express their preference
• Any history of domestic violence or abuse perpetrated by either parent
• Any other factors the court determines to be relevant for making a custody decision

In addition to the typical issues that are present in any custody and child support case, there are a variety of additional concerns that must be addressed in divorce cases involving children with special needs.

For example, if you are seeking to secure child support from your spouse after your divorce, you will likely want to recover the full amount available. However, in cases involving special needs children, this could have a negative impact, as receiving too much support could disqualify your child from receiving state benefits and federal disability benefits.

There is also a high percentage of children with special needs that require care long into adulthood. You will need to make the court aware if you know or expect that your child will require extended care so they can adjust custody and support rulings accordingly. An experienced divorce with special needs children attorney in Richmond can help.