Children With Special Needs

Children with special needs present even more challenges in a divorce than do regular custody issues. 

While many courts favor evenly split custody when neurotypical children are involved, such an arrangement is less likely to work well when the child has special needs.  

Instead, one parent has frequently been serving as the primary caregiver, and the child may have a greater need for continuity and skilled and knowledgeable care than a neurotypical child will.

The caregiving parent should thoroughly document the child's care and schedule, since the other spouse may not be able to provide the necessary care.  Of course, the primary caregiver should cooperate fully with the spouse, to determine whether a shared custody arrangement can work.  But if not, the best interest of the child dictates that the primary caregiver assume the role of custodial parent.

This is likely to have an effect on spousal and child support amounts.

Rather than submit these issues to the court, parents usually best serve their child's interests by working out a solution themselves.  Mediators can be very helpful in reaching an agreement.