Raising a child from infancy to adulthood is likely the hardest and greatest responsibility a person will ever assume. Divorced parents continuing this undertaking alone are met with even more challenges, but if a child has special needs, a whole host of additional considerations and issues over child custody are present that courts are rarely equipped to adequately address. Consequently, parents of special needs children who decide to divorce should first look to making their own agreement on custody and visitation before seeking court intervention.
Indiana courts have the authority to decide the legal and physical custody of children, and this authority takes on particular significance when caring for a special needs child. While joint custody is gaining traction around the country as the preferred custody arrangement, this option may not be the best in this situation, as it could greatly complicate decisions related to the child’s care if the parents disagree. An overview of the unique considerations divorcing parents need to address if they have a special needs child, and specifically the potential challenges these parents confront with legal and physical custody, will follow below.
Legal Custody
Custody of a child is made up of two separate, but equally important, components – legal authority and physical supervision. Parents may hold one or both types of custody jointly or separately. Legal custody refers to a parent’s right to make decisions on behalf of his or her child related to education, medical care, and religion. This authority is especially important for a special needs child because of the likely need to make numerous medical and educational decisions on short-notice. Thus, if one parent is more knowledgeable about the child’s condition and treatment, agreeing to sole legal custody may be best in the long-run. On the other hand, if the parents decide to share this right, but do not agree on a particular point, reacting quickly to the child’s needs may be impossible. Court intervention may be the next step in resolving such disputes, but again, courts rarely make quick decisions and are unlikely to fully appreciate the child’s needs. Divorced parents of a special needs child need to make extra efforts to cooperate, but if court involvement is necessary to settle a disagreement, both parties need to educate the court about the unique factors in these cases. Judges will attempt to do what is in child’s best interests, but that determination is usually with the “typical” child in mind, which is likely insufficient with a special needs child.
Physical Custody
Physical custody, or the frequency with which each parent is in charge of caring for the child, also presents challenges when a child has special needs. A child with special needs may have sensitive equipment that must remain with him or her at all times, or have significant difficulty with transitions from one place to another. Consequently, when deciding how much time should be allotted and where visitation should occur, it is important to ensure that a parent knows how to operate medical equipment, administer specialized therapies, and/or safely transport the child. In addition, the child may have third-party care providers that meet with the child on a regular basis. All of these logistical factors may put stress on the schedule and availability of a parent if he or she has not been the primary caregiver, and nailing down the feasibility and desirability of following a more traditional time-sharing schedule is a crucial issue parents need to address head-on.
Contact a Family Law Attorney
Divorce is never easy on children, and each family is likely to have different needs and wants concerning child custody. Working to resolve child-related issues as amicably as possible should reduce some of the negative impact children experience. Family law attorney Christopher L. Arrington works to help clients form their own agreements on the issues most important to them, but is also willing to fight on their behalf if court action becomes necessary. If you live in Danville, Avon, Plainfield or the surrounding area, contact him to schedule an appointment.