Parents of children with special needs know that even when things are going well, raising, supporting, and protecting their kids can be a challenge. It takes hard work, thoughtful planning, and love. When divorce enters the life of a child with special needs, those three things will be in even greater demand. When parents of special needs children end their marriage, they need work together the ensure that the arrangements and decisions made during the process adequately address their child’s existing and ongoing physical, emotional, and financial needs.
As with custody, support, visitation, and all other issues directly effecting children in a Maryland divorce, determining what is in the best interests of the child is the key. That determination will involve many factors, including the child’s abilities and capacity, as well as what services, resources, and support are needed for the child’s well-being and growth.
When crafting parenting and custody arrangements, parents of special needs children should make an effort to keep the following three issues in mind:
- Minimizing disruption. A sense of familiarity and routine can be critical for many children with special needs. Disruptions or frequent changes in schedules, surroundings, or activities can be very unsettling and create even more challenges for the child as well as the parents. There is no getting around the fact that divorce is going to some degree change the world as the child knows it, but parents can and should take care to minimize any anxiety and stress when making decisions as to when and how often the child will be moving from place to place and who they will be with. Transitions between parents should be friendly and remain on schedule as much as possible.
- Special needs financial planning. Divorce or no divorce, the financial strains of caring and providing for a special needs child are significant. Worry about whether the child will have the necessary financial resources for their care in the future can be a constant source of stress. Proper planning can alleviate a lot of this burden. A wide range of public benefits such as SSI or Medicaid are available to assist parents of special needs children. The availability and amount of these benefits can impact and be impacted by child support determinations. For the child’s long-term needs, a special needs trust can be established which allows parents to maximize the resources available for their child now while ensuring that there are sufficient assets available for their child’s care later.
- Appointing of a guardian. The job of a parent doesn’t end when a child turns 18, especially for a parent of a special needs child. When that child becomes an adult, he or she may still need someone to assist with important decisions or ensure that they are receiving the support and resources they need. That’s why the parents should select a trusted, reliable, and mutually agreed-upon guardian who will have the authority to make decisions involving their adult child if he or she is incapable of making such decisions themselves.
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