Virginia Beach Divorce With Special Needs Children Lawyer

One of the most important things you will need to work out during your divorce is the custody and visitation arrangement with your children. Custody and visitation are often the most contentious part of the divorce process. The guidelines for custody and visitation are outlined in Virginia Code § 20-124.2.

Fortunately, Virginia Code does take into account the unique factors that parents will face when trying to co-parent children with special needs. However, you will need an experienced attorney on your side who will advocate for what is in the best interest of your child and clearly articulate to the court how your child’s special needs will impact that analysis.

While many people will talk about the benefits of coming to an agreement regarding custody and visitation outside of court, the reality is that most of these cases do require some court intervention. It is rare that two parents who are fighting for custody of their children are able to come to a full agreement outside of court.

Another important issue to resolve as part of your divorce is child support payments. Virginia Code § 20-108.2 outlines the child support guidelines for the court to follow when making a ruling

The Virginia Child support guidelines will take into account all costs associated with the care of your child, but it is your responsibility to show what those costs are. What this means is that if your child requires additional care at an expense, you will need to prove to the court that the expense is necessary.

When you work closely with an experienced Virginia Beach divorce with special needs children lawyer, they can help you present a comprehensive breakdown of the financial needs of your children, including expenses such as special education, healthcare, medical equipment, and any other vital services they require.

When ruling in a special needs custody case in Virginia, the court will take a variety of factors into consideration to help ensure they are making a ruling that is in the best interests of your children. Some of the details the court will consider include:

1. The age and physical and mental condition of the child, giving due consideration to the child’s changing developmental needs;
2. The age and physical and mental condition of each parent;
3. The relationship existing between each parent and each child, giving due consideration to the positive involvement with the child’s life, the ability to accurately assess and meet the emotional, intellectual, and physical needs of the child;
4. The needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers, and extended family members;
5. The role that each parent has played and will play in the future in the upbringing and care of the child;
6. The propensity of each parent to actively support the child’s contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child;
7. The relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child;
8. The reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age, and experience to express such a preference;
9. Any history of (i) family abuse as that term is defined in § 16.1-228; (ii) sexual abuse; (iii) child abuse; or (iv) an act of violence, force, or threat as defined in § 19.2-152.7:1 that occurred no earlier than 10 years prior to the date a petition is filed. If the court finds such a history or act, the court may disregard the factors in subdivision 6; and
10. Other factors the court deems necessary and proper for the determination.

In addition to the standard issues that can impact any custody or child support order, several other factors must be considered in divorce cases involving children with special needs.

For example, if you are seeking child support from your spouse, you will likely hope to recover the maximum payments possible. However, the amount you receive could affect your children’s eligibility to claim state benefits and federal disability benefits. An attorney can help you determine how much money to seek to retain eligibility and get your child the money they need.

Another critical factor to consider is that special needs children often require care well into adulthood. Because of this, rulings on child custody and support can last well beyond your child turning 18. An experienced divorce with special needs children attorney in Virginia Beach can help you understand all the additional factors that affect your case.