Creating a parenting plan for a special needs child requires additional consideration to make sure it allows the child to survive and thrive in the aftermath of a divorce or separation. In these situations, the custody arrangements may have to account for medical requirements, school support, and the child’s activation triggers. Likewise, visitation arrangements may need to be flexible because the child may not be in the right mindset — e.g., due to sensory overload or dysregulation — to travel that day.
The family law attorney at Remington & Dixon can help you navigate the nuanced process of creating a parenting plan that fits you and your family. We respect and validate how each family is different. Instead of providing cookie-cutter solutions, we take the time to get to know you, your child, and your family dynamic. Then, we collaborate with you to create a customized parenting plan.
Special Needs Child Custody Considerations
When you have a child with special needs, child custody decisions may require more planning.
Children with autism spectrum disorder, down syndrome, cerebral palsy, and other conditions may have different levels of ability, medical requirements, and sensory and functional challenges.
Likewise, while transitions can be difficult for all children, this is especially so for those with special needs. For example, they may have a harder time adjusting to changes in their routine and environment. Because of this, custody arrangements should pay careful attention to the current and ongoing needs of the child.
How Divorce Impacts Children With Special Needs Differently
As you know from parenting children with special needs, changes in their schedule, living environment, and school can be disruptive even in the best of times. Special needs children may struggle to understand why things are different now and what’s expected of them.
A divorce magnifies these struggles and changes even more. The child may not be around their friends or neighbors they’re used to seeing every day. Additionally, they may have to change schools, which can require advocacy on the part of the parents to make sure they have the educational support they need. They may have aRemember hard time understanding why the change is happening in the first place, which could be a sticking point for them until they adjust to the new normal.
Different Types of Child Custody In North Carolina
As the North Carolina Judicial Branch explains, child custody involves making decisions about the child and figuring out where they’ll stay throughout the year. On the other hand, visitation involves visiting the child on a set schedule. Sometimes, the court may restrict a parent’s right to visit with the child because of safety concerns or other variables.
Child custody can be either sole or joint. Sole custody is where one parent is the primary or only decision maker about the child or is the one that the child lives with throughout the year. Under this arrangement, the child may live with one parent but visit with the other. Joint custody is where both parents share in the major decision-making about the child or equally split who each child spends time living with each parent.
If the special needs child requires ongoing medical attention or if moves are especially activating for them, it’s crucial to consider this when deciding on the best custody arrangement.
It may be appropriate for the child to live with one parent full-time and then have periodic visits with the other parent.
Creating a Parenting Plan for a Special Needs Child
Under North Carolina law, parenting plans should reflect the child’s best interests. Often, this takes into account factors like the child’s age, maturity level, and safety concerns, as well as the ability of each parent to provide for them physically, financially, and emotionally. A parenting plan lays out the ground rules the parents will follow when caring for their children. It might discuss where the child will stay and when, how the parents will make important decisions about the child, and details about the child’s healthcare and schooling.
When developing a parenting arrangement for a special needs child, it’s essential to think about what the child’s new daily routine will look like. Consider how they might respond and how this might differ from what their schedule has been like up until now.
Moreover, you’ll want to take into account their ongoing medical needs like medication, occupational therapy, and speech services. Likewise, if you’re thinking about having the child move, consider looking into the supports resources available at that school system compared to the child’s current educational setting.
Financial Considerations in Parenting Children With Special Needs
Children who have significant developmental, physical, and cognitive challenges — like autism spectrum disorder or Down syndrome — may require costly support services and medical care.
Because of this, parenting plans may need to have additional details about when and how the parents will divide these expenses as they arise.
Some of these costs — like physical or speech therapy — may already be known, so the parents can explicitly discuss these in the original agreement. However, unexpected costs may arise later on. It’s a good idea for the parents to talk about how they would like to address these unanticipated or unknown costs. For example, they might decide that one parent will cover the bill for some unexpected services and seek reimbursement from the other. Or, the parents may agree to discuss the need for non-urgent services and how to pay for them beforehand.
Remington & Dixon Can Help You Navigate a Divorce With a Special Needs Child
Having a parenting plan for a special needs child can provide clarity and help ensure your child continues to have access to the support they need after the divorce is finalized. At Remington & Dixon, PLLC, we understand how challenging it can be to co-parent after a divorce or separation.
Our family law attorney, Jennifer Dixon, takes a careful and compassionate approach to helping people through these difficult times. Her tireless efforts have helped her clients create responsive solutions and earned her the SuperLawyers Rising Star award from 2018 through 2024. Contact us today by calling 704-247-7110 to schedule an initial consultation.
