Virginia Special Needs Custody Lawyer

Divorce cases involving special needs children are more complicated. Courts always attempt to consider the best interests of the child when determining custody of the child. This means mediators and judges will consider how any parenting plans will affect the child and will attempt to make decisions to maintain the child’s standard of living and stability both during and after the divorce.

The end goal is to ensure that children in a divorced household will continue to have meaningful relationships with both parents and other family members if at all possible. In the context of child custody, the child’s best interests involve promoting and encouraging their happiness, mental health, security, and emotional development with every decision.

This means that the child’s needs are put ahead of the parents’ needs, and they receive every opportunity for development. The problem is that every child’s best interests and needs are unique.

In terms of family law, the goal is deceptively simple: How can the child’s physical and emotional needs be met while also supporting their sense of security and safety? While the question seems simple, the solution is often complex. The courts will usually seek to allow the child to develop relationships with both parents and with as many of their other relatives as possible, from siblings to grandparents, aunts, uncles, and cousins.

It must also be considered, however, whether any of these relationships will negatively impact the child’s development. In some cases, for example, a child’s disability or special needs might require a rigid routine that can be upset by visitation schedules, at least until the schedule becomes part of the routine. How this is accomplished can become quite contentious in divorce proceedings.

Virginia courts consider the following in evaluations of the child’s best interests:

• The child’s safety, health, and security
• The child’s relationship with and how much time they have spent with their current caregivers
• The potential negative effects if the child is removed from their current residence
• The child’s attachment to siblings, family members, parents, and other loved ones
• The parents’ physical, mental, and emotional health
• The proximity to schools or necessary medical care
• The family’s culture
• The child’s age and developmental level
• The proximity of immediate and extended family
• A history of abuse, violence, abandonment, substance abuse, or similar issues in the home
• The financial resources of each parent
• The child’s wishes (depending on their age and maturity level)

When possible, Virginia courts prefer to keep both parents involved. Only when one parent is determined to present a threat to the child’s well-being or safety are they removed. Every judge will consider these factors to different degrees based on their individual point of view. Many of the above factors are simply guidelines for them to consider, and they will usually attempt to look at the overall picture.

Get Extra Protection for Your Special Needs Child Today

Melone Hatley is a family law firm with offices in Chesapeake, Fairfax, Loudoun, Reston, Richmond, and Virginia Beach, but we represent families from all over the state. We also provide top-rated legal representation for clients in the Charlotte, North Carolina area. Our dedicated attorneys deeply value your family and believe that advocacy for special needs is as important to the services we provide as anything else. We can provide you with resources and guidance from trusted outlets such as the Disability Law Center of Virginia and with all aspects of your divorce case.

Our practice areas include family law, trusts, and estates, and we are here to help. View our testimonials and referrals and reach out to us for a consultation. Let us protect your loved ones with disabilities and fight for a fair divorce settlement for you.