How To Navigate Divorce with Children with Special Needs 

Divorce can be exceptionally challenging for any family, impacting everyone involved. Children frequently find it difficult to cope with the end of a marriage, regardless of their age or developmental stage. However, when a family has a child with special needs, the situation can become even more challenging. The unique requirements of a special needs child may complicate custody arrangements, as parents must consider not only their child’s emotional well-being but also their specific support needs, medical care, and educational considerations. To better understand these complexities, the following guide will discuss how to navigate divorce involving children with special needs.  

Prioritizing Your Child’s Best Interests in Custody Decisions  

In Maryland, custody decisions prioritize the child’s best interests, encompassing various factors such as their physical and emotional well-being, safety, and welfare. A key aspect of this evaluation is assessing each parent’s ability to address the child’s unique needs, especially in cases involving special needs.  

The Maryland Family Law Courts carefully evaluate each parent’s ability to provide essential support and care for children with special needs. This assessment considers various aspects of the child’s life, including their educational requirements, medical conditions, and any accommodations necessary for their well-being. 

Consider Government Benefits When Negotiating Support 

Parents should consider any government benefits their child may receive when negotiating financial support during a divorce. Specifically, they should be aware of means-tested welfare programs, which are designed to assist families with limited income. If the custodial parent receives excessive income from alimony and child support, this can potentially disqualify them from these vital benefits, leaving their family vulnerable.  

To navigate this delicate balance, it is advisable to consult with a family law attorney who has handled cases similar to this. These legal professionals can help you understand the specific income thresholds for government benefits and determine how much financial support you can accept from your ex-spouse without jeopardizing your child’s eligibility for assistance.  

Plan for Your Child’s Care After They Turn 18 

In Maryland, a parent’s duty to provide financial support does not automatically end when a child turns 18. According to state law, a child support order can continue past the age of majority if the child is still in high school or has developmental or learning disabilities that inhibit their independence. Additionally, support may persist if the child is unable to care for themselves due to physical or mental health issues. In such cases, a court may require a parent to provide the “destitute adult child” with vital necessities, such as food, shelter, medical care, and clothing, even after they reach adulthood. 

Given this possibility, addressing ongoing support during the initial divorce negotiations is crucial. If you recognize that your child will require assistance beyond the usual age of transition to independence, it is wise to explore setting up a special needs trust. This legal arrangement can help ensure that financial resources are available to cover medical expenses, therapy, education, and daily living costs throughout their adulthood. Additionally, you may want to discuss creating a detailed plan outlining each party’s responsibilities and financial commitments with your co-parent, ensuring your child’s stable and secure future.  

Need Help Navigating a Divorce? Contact Rice Law Today To Review Your Legal Options in More Detail 

If you are a parent of a child with special needs and are going through or thinking about a divorce in Maryland, contact our knowledgeable family law attorneys at Rice Law. Our legal team can evaluate any co-parenting conflicts, create a customized parenting plan, and negotiate a fair child support and alimony arrangement that considers your child’s specific needs.