What factors does a Virginia court consider when deciding custody of a special needs child?

Under Virginia Code § 20-124.2, courts prioritize the best interests of the child and consider the child's mental and physical condition, age, and evolving developmental needs; the mental and physical condition of each parent; the role each parent has played in the child's life; each parent's willingness to support a continued relationship between the child and the other parent; the child's preference if they are old enough to express it; the child's relationship with extended family; any history of domestic violence or abuse; and any other details the court considers relevant.

How is child support calculated differently for a special needs child in Virginia?

Virginia Code § 20-108.2 sets the standard child support guidelines, but the court has discretion to go beyond those guidelines in extreme cases, including those involving children with special needs. The court can account for additional expenses such as medical equipment, healthcare, and special education when determining support. A parent must clearly demonstrate the child's financial needs for the court to consider them.

Can high child support payments affect a special needs child's eligibility for disability benefits?

Yes. If child support payments are too high, they can disqualify a special needs child from collecting federal disability benefits and state benefits. This is a critical consideration that an experienced divorce attorney can help navigate when structuring a child support arrangement.

Can child support for a special needs child continue beyond age 18 in Virginia?

Yes. Children with special needs often require care that extends beyond adolescence. If a child will require ongoing care as an adult, the court can be asked to make a ruling on child support and custody that reflects those longer-lasting needs. Informing the court of this expectation early in the proceedings is important.

Divorce With Special Needs Children Lawyer in Reston

As you deal with your divorce involving special needs children, you are aware of all the unique challenges these cases present. Attempting to handle all the complex legal issues on your own can be overwhelming. Fortunately, an experienced divorce with special needs children lawyer in Reston can help guide you through every step of the process.

For over a decade, the experienced Reston divorce lawyers at Melone Hatley, P.C. have been representing the parents of children with special needs as they work their way through all the legal issues these cases involve. If you are searching for a child custody lawyer near me who understands the unique demands of special needs cases, reach out to us to set up a free consultation with a Client Services Coordinator today.

Special needs child with single mother post divorce

Issues a Divorce With Special Needs Children Lawyer Serving Reston Can Help You Address

Securing the services of an experienced Reston family lawyer is essential for ensuring an outcome that meets your goals when going through a divorce with special needs children. Your family law attorney will handle all the challenging legal issues you encounter while working to build a robust case supporting your position.

Child Custody

Custody and visitation rights are the most essential issues that need to be resolved when dealing with a divorce involving special needs children. Unfortunately, coming to terms with your spouse about the living situation of your children and both of your rights to make decisions about their lives is incredibly difficult and typically the most disputed issue in the divorce process.

Virginia Code § 20-124.2 sets the state guidelines regarding custody and divorce. This legal code prioritizes the needs of the children of divorcing parents and includes provisions that address the unique challenges present in co-parenting a special needs child. However, it’s important to clearly demonstrate your child’s needs if you want the court to consider them. An experienced child custody lawyer will know exactly how to present this evidence effectively.
Coming to terms with your spouse on custody and visitation out of court can have its benefits. It is sometimes uncommon though for spouses going through a divorce to reach an agreement on all issues, especially in complex cases. Because of this, custody and visitation are almost always settled in a courtroom.

Child Support

After custody and visitation, child support payments are the biggest issue that needs to be resolved during a divorce involving children with special needs. Virginia Code § 20-108.2 sets the guidelines for how child support should be awarded, providing a framework that addresses a variety of circumstances.
The law grants the court discretion to make rulings that go beyond the standard guidelines in extreme cases, including situations involving children with special needs.

However, you are responsible for clearly demonstrating your child’s financial needs if you want the court to consider them.
An experienced Reston child support lawyer will clearly explain to the court the full extent of the costs associated with raising your special needs child, including expenses for medical equipment, healthcare, and special education.

Schedule your free meeting
with our team today to see if our Divorce and Special Needs Children Lawyers can help you.

Schedule a Meeting

Factors That Will Affect the Court’s Decision About Custody in Cases Involving Children With Special Needs

There are many variables the judge handling your case will consider when ruling on your Virginia special needs custody case. The primary goal of the court is to ensure an outcome that aligns with your children’s best interests. A few of the things that will be taken into account include:

The mental and physical condition, age, and evolving developmental needs of your child
The mental and physical condition and age of you and your former spouse
The role both parents have played in the life of your child to date
The willingness and ability demonstrated by both parents to ensure a deep and continued relationship with your child
The likelihood for both parents to play an active role in supporting a positive relationship between your child and their other parent
Your child’s preference, if they are determined to be old enough and possess the understanding, intelligence, and experience level needed to express it
The needs of your child concerning their relationships with extended family members on both sides
The existing relationship between your child and both parents, factoring in the positive involvement you each have in your child’s life and the ability of you both to address their emotional, intellectual, and physical needs
Any domestic violence or abuse history committed by either you or your ex-spouse
Any other details the court considers relevant for deciding custody

Reston Divorce and Special Needs Children Lawyer Near Me

(703) 995-9900

Other Issues to Account for in Child Custody and Support Cases With Special Needs Children

On top of the usual issues that are present in all custody and child support cases, there are a variety of additional problems that you will need to address during a divorce that involves special needs children.

For example, when attempting to secure child support payments from your spouse, the assumption tends to be that the more money you will collect, the better. However, if the child support payments from your former spouse are too high, it could disqualify your child from collecting federal disability benefits and state benefits.

Furthermore, children with special needs often require care that extends beyond adolescence. If you know or expect that your child will need care as an adult, you’ll need to inform the court so they can make a ruling on child support and custody that reflects your child’s longer-lasting needs. An experienced divorce lawyer serving Reston will help ensure the court has the full picture.

Contact our Reston Family Lawyers today.

Work With a Divorce With Special Needs Children Lawyer in Reston

At Melone Hatley, P.C., we are dedicated to working as your partners during your divorce. Our family law team will work around the clock to help you meet your goals while protecting your rights.

We will use our 30-plus years of combined legal experience to help you overcome the unique challenges that exist in these cases. Families throughout Reston and Northern Virginia trust our divorce lawyers to handle their most sensitive legal matters with care and precision.

Our divorce with special needs children attorneys in Reston will help you every step of the way. Contact us by scheduling a free consultation or by phone to get started with our client service coordinators to see how an attorney may assist your case.

Reston, VA Full Family Law Attorney and Divorce Lawyer Services

Family law attorneys in Reston VA serving Northern Virginia clients

Reston, VA — Separation, custody, and spousal support counsel in Northern Virginia’s Reston corridor.

Schedule a call with one of our client services coordinators today.

As a partner for our clients, we earn our REVIEWS

Read Reviews

Client Testimonials

“I had an excellent experience working with this firm. From the very first consultation, their team was professional, responsive, and genuinely cared about my case. They took the time to explain everything in detail, kept me informed throughout the process, and made sure I understood my options.”

E.M.

“Lelan is one of the hardest-working people I know. He pays close attention to every detail and always brings a positive attitude. He genuinely wants to see others succeed and goes out of his way to support those around him. Truly a standout professional and person.”

C.I.

“Ms. Sloan was amazing to work with, her bubbly personality makes what I’m going through a bit easier. She truly cares to help and break it down for my brain. Would definitely recommend!”

T.H.

“Cassidy Millard is extremely knowledgeable and I couldn’t trust another to handle such delicate cases. As a mother you want to know you have another mom on your side ready to take action when needed. I have and will continue to recommend her to all friends and family”

A.M.

“Mr. Chang is a detailed, professional, knowledgeable attorney. He will sit you down and go over all the little things that will help with the case. He is patient and will answer all the questions you may have. Highly recommended.”

N.N.

“Abigail Hockett was proactive for my case, quick to respond to any questions I had, very understanding also realistic. Now she’s working on another case for me and I know she’ll do great.”

V.H.

“Julia has been a great lawyer for me during this tough time going through my divorce. She has given great legal advice every step of the way and the timeliness of her responses has been great.”

T.R.

“My wife and I were extremely pleased with the level of care and expertise given to us by Melone Hatley, P.C.”

M.A.

“I highly recommend Melone Hatley. The staff that I have been exposed to are extremely helpful and knowledgeable.”

M.H.

“They were so friendly and attentive to the matter I brought to them. I wasn’t just treated like ‘another case’. It felt like they actually cared about me and the outcome of the matter I brought to them. The positive results they got me obviously were the best part!”