How to Approach Custody of A Special Needs Child

Child custody is a legal term that refers to a parent's rights and responsibilities for their child’s care. There are two parts of custody: legal and physical. Legal custody provides the child’s guardian(s) with the ability to make important decisions about the child’s care, such as their education or medical care, while physical custody determines who is responsible for the day-to-day care of the child.  

While determining custody is always a difficult process, the additional needs of kids with physical or intellectual disabilities present unique challenges and considerations. Here are three things to keep in mind when approaching child custody of children with special needs: 

Put the Child First:

It goes without saying, but the child’s needs should always be prioritized when it comes to custody. It is important to recognize that for as grueling as the process may be for adults, this is even more difficult for children. This is particularly true for children with special needs who may be unable to understand the issue at hand, or how to process it emotionally. Custody has long lasting implications for the child, and their best interests should always be the number one priority. 

Consult a Parenting Coordinator:

Enlisting a parenting coordinator’s assistance in making custodial decisions is a great way to diffuse tension and improve communication between parents. Parenting coordinators are often psychologists or mental health workers and have extensive experience in conflict resolution. 

This neutral third party is trained to address these issues while also assisting both parties in making decisions related to their children. This may include issues such as schooling, after-school activities, visitation, holidays, etc.  

Updates to Child Support:

Parents in New York State are typically required to financially support their children until they reach the age of 21. However, this was amended in 2021 so parents of special needs children may now seek financial support up until the age of 26. In order to qualify, the child must reside with the parent seeking support and be primarily dependent on them. It must also be shown that the issues caused by the disability present a significant handicap to their ability to function in society. 

Child custody is often a grueling and emotional process. Consulting professionals for support and up to date information is a crucial step in getting the best outcome for your family.  

At Artese Zandri, we help couples prepare for marriage and navigate divorce. If you or someone you know has questions about family law, reach out to us for a complimentary consultation at consultation@artesezandri.com.