All divorces have their share of challenges. However, when a special needs child is involved, it adds another layer of complication. Parents navigating this journey in California must address not only custody and support but also the long-term needs of their child. How do you handle a divorce with a special needs child? Let’s look at a few strategies for navigating divorce with special needs children in California.

Child Custody 

California follows the principle of the best interest of the child. This standard guides decisions about custody, visitation, and support. 

Custody arrangements must reflect the child’s specific needs. These may include: 

• Medical care
• Therapy sessions
• Educational accommodations

Custody can be divided into:

• Legal custody: The right to make decisions about the child’s upbringing, such as education, medical care, and therapy. 
• Physical custody: The decision that determines where the child lives.

When a child has special needs, the court may look at other factors, such as the child’s physical, emotional, and educational needs, along with the ability of each parent to meet them when deciding on custody. 

Child Support

The Golden State follows statewide guidelines to determine support. However, when you have a special needs child, you may have expenses that far exceed those standard calculations. The courts may have to address additional expenses, such as:

• Medical care not covered by insurance, such as surgeries or specialized equipment
• Therapy costs, including expenses for speech, occupational, or behavioral treatments
• Educational expenses
• Daily care costs if the child requires a caregiver or specialized supervision.

If your child’s needs exceed the standard amount of support, then you may have to request a child support deviation. With that, you may be able to receive additional money to cover those extra expenses. 

Parenting Plans

When you share custody, you and the other parent will need to create a parenting plan. These agreements detail how each person will share their time and responsibilities. 

For those who have special needs children, you will need to account for medical care. Both parents should have a clear agreement about who will attend medical appointments, manage medications, and handle emergencies.

Most of the time, therapy and education is required to help with your child’s needs. Make sure that any schedule can accommodate therapy sessions, Individualized Education Plan (IEP) meetings, and other commitments.

Unfortunately, many special needs children struggle with changes in routine. If you want to minimize any disruption, you and the other parent need to agree on strategies like maintaining consistent schedules, sharing transportation duties, or using one home as a primary residence.

When you have an effective co-parenting plan, both parents can be involved in the child’s life and be informed about their progress, challenges, and daily needs.

Long-Term Planning

For many special needs children, their care needs do not end when they reach adulthood. As a parent, you must address long-term issues. For many, a conservatorship might be an option. If the child is unable to make decisions after turning 18, this allows a parent or guardian to continue managing medical, financial, and personal decisions.

Along with that, you may want to think about a special needs trust. They allow parents to set aside funds for their child’s future without jeopardizing eligibility for government benefits like Supplemental Security Income (SSI) or Medi-Cal.

Finally, life insurance is another area to consider. You might want to designate beneficiaries and ensure funds are directed to the child’s care in your estate plan. 

Adding these stipulations into your divorce settlement can help avoid future disputes or financial issues for your child. 

Learn More About Strategies to Help Your Special Needs Child

When navigating divorce with special needs children in California, you need to carefully think about their future, especially when agreeing to a divorce agreement. By prioritizing the child’s unique needs, you can make sure your child’s well-being remains at the forefront.

If you have questions, Roberts & Zatlin Law Office is here to help. Our team can assist with your divorce case. To schedule a consultation and receive a free initial assessment of your case, please call (951) 381-8147 today.