Virginia Beach Special Needs Custody Lawyer

In Virginia, there are guidelines for how custody and child support should be handled during a divorce. Unfortunately, these guidelines don’t always align with the special circumstances surrounding a divorce involving a child with special needs. Many additional factors must be considered to ensure the needs of the child are met.

An experienced Virginia Beach family lawyer will help you identify the exact issues that need to be addressed and ensure the court considers the complexities of the situation when determining custody and support in your divorce.

Custody and Visitation for Children With Special Needs

Custody and visitation are often contentious and can be the most difficult aspect to finalize during a divorce. These issues can become even more challenging when dealing with a divorce involving children with special needs.

The court will consider a variety of factors, pursuant to Virginia Code 20-124.2, about your family when deciding custody in a case involving a special needs child. However, that does not mean the court will necessarily be successful in making a decision that best meets the needs of your child.

You and your spouse understand your child’s individual needs better than the court can. Because of this, it is ideal if you can negotiate a custody and visitation agreement with your spouse that puts your child in the best possible position. An experienced attorney can help you through the process and protect your parental rights while ensuring your child’s needs are met.

Child Support for Children With Special Needs

The cost of raising children with special needs is typically far higher than with other children. Unfortunately, the child support guidelines under Virginia Code 20-20-108.2 don’t adequately address these additional costs. While the court can decide to make a ruling outside the normal guidelines when awarding support, you must provide them with all of the relevant information they need.

A special needs custody attorney in Virginia Beach can help accurately show the court the cost of raising your child. Your lawyer will work to ensure that the child support payments you receive are large enough to meet the needs of your child, including the costs of their health care, medical equipment, special education, and any further services they require.

The Role of State and Federal Disability Benefits

Your special needs child may qualify for state benefits and/or federal disability benefits to help cover the costs of their care. However, there are specific government regulations that determine whether or not your child qualifies for assistance.

It’s important to keep in mind that while you may want to receive the maximum amount of child support from your spouse, receiving too much can result in your child being disqualified from government assistance programs. This can ultimately leave your child with less money for their care in the long run.

At Melone Hatley, P.C., we are well aware of the guidelines for disability benefits and will work with you to  ensure your child gets the money they need from the available sources.

Special Needs Children Often Require Care into Adulthood

For many divorce cases, child support and custody issues don’t extend beyond the 18th birthday of the child in question. However, because many children with special needs have care requirements that extend well into adulthood, the long-term needs of your special needs child need to be taken into account as part of the divorce process.

An experienced special needs custody lawyer can help ensure that the long-term care of your child is taken into account in the final divorce agreement or order.

When ruling on your special needs custody case in Virginia, the judge presiding over the case will consider several factors to ensure the best interests of your child are met, including:

• Your child’s health and safety
• How much time you and your spouse each spend with your child
• The relationships that you both have with your child
• Your child’s attachment to you, your spouse, and any other family members and loved ones
• The impact being removed from their current home would likely have on your child
• The age and developmental level of your child
• The physical, mental, and emotional health of both you and your spouse
• The proximity of schools and medical facilities to the home of each parent
• The proximity of family to each parent
• The financial resources available to each parent
• Any issues with either parent, including substance use, abuse, and abandonment
• The wishes of the child, depending on their age and maturity level

In any divorce that involves children, the court will be primarily concerned with ensuring that the needs of the child are met, with the rights and needs of the parents being a secondary concern. The judge will always look for a solution that works well for all parties involved. However, the needs of the child will supersede everything else.

For divorce cases that involve children with special needs, it can be particularly difficult to strike the right balance. Because many children with special needs require stability and routine, a typical shared custody arrangement can present significant challenges.

The judge presiding over your case will do everything they can to keep both parents as involved in the life of the child as possible. However, the judge doesn’t know your child the way you do, and without strong representation, the final custody arrangement may be less than ideal. Hiring an experienced Virginia Beach special needs attorney to help you through the process is the best way to protect your parental rights.