Divorce can be hard on all children. But the disruptions that a legal separation can cause can be especially challenging for children with developmental disabilities. Parents may need to make allowances in their child custody arrangement to accommodate their child’s medical, educational, and overall care needs.
Our firm has attorneys who focus on handling custody and visitation for children with developmental disabilities. We can help you seek a custody order that works for your family.
New York’s Family Courts Will Do What Is In the Best Interests of the Child
According to the New York State Unified Court System, when determining custody, family law judges focus on the “best interests of the child.” In general, that involves deciding which parent can most effectively care for the child, their health, and their safety.
Factors judges consider include:
- Each parent’s mental and physical health
- Each parent’s work schedule and childcare plan
- Each parent’s parenting skills and who is most able to care for a child with special needs
- Each parent’s ability to cooperate with the other and co-parent
- Which parent has been the child’s primary nurturer/caregiver
- The child’s relationship with their siblings and other family members
- Whether there has been any abuse, neglect, or domestic violence
Considerations for Custody of Children With Special Needs
There are special considerations when determining the best interests of the child in custody cases involving children with developmental disabilities. Some things a judge may look at include:
- Stability and routine – Stability is important for all children. It can be especially vital for those with developmental disabilities, who may rely more heavily on routine. Judges will look at which parent can provide the most stable and consistent routine and home environment.
- Access to medical treatment and services – Depending on where each parent lives, one parent may have more access to specialized healthcare and services, such as physical therapy and special education.
- Parental abilities – The judge will consider which parent is best able to meet the child’s day-to-day needs. They will also consider which parent is most capable of getting the child to appointments, therapies, and school, and handling stressful parenting situations.
- Financial obligations – Parents of children with developmental disabilities need to be able to support their child financially, including paying for services, medical equipment, healthcare, and childcare.
Potential Custody Arrangements
Custody orders involve two types of custody. Physical custody refers to who the child will live with. Legal custody refers to who has the right to make decisions about the child’s upbringing, including decisions about their medical care and education.
Several custody arrangements may suit families with children with developmental disabilities. For example, parents may share legal custody but split physical custody, so that the child primarily resides with one parent while having consistent visitation with the other.
In some cases, one parent may not have the capacity to have legal or physical custody. In other situations, the child may not be safe with one of their parents. When this happens, one parent may seek sole legal and sole physical custody.
Contact The Law Offices of Gildin & Chapman Today
Our firm helps parents resolve complex custody issues involving children with autism, developmental disabilities, physical disabilities, and special needs. We know that your children mean the world to you, and we are here to help you seek a custody arrangement that protects them and puts them first.
We can help you devise a custody plan that ensures your child continues to have access to medical care, education, and services. We can also assist families in modifying custody agreements as their child grows and their needs change.
Contact The Law Offices of Gildin & Chapman online or call our offices to learn more about how our New York family law lawyers can serve you.
