What Unique Parenting Plan Provisions Should I Consider For My Special Needs Child?
You will need to consider the severity and extent of your child’s special needs. You must also consider how attached your child is to each parent and how involved each parent has been in your child’s practical care. For example, standard alternative weekend visits may not work if your child has never been away from you for more than one hour.
You will also need to consider issues with respect to transporting your child to therapy visits. Some children have multiple therapy visits, which may take place early in the morning, evenings, or on weekends.
Your parenting agreement must take into consideration who will be transporting your child to those appointments. In a situation where your child is with you in White Plains and the other parent has scheduled the appointment in Manhattan, which of you is responsible for transport? In very contentious or complex cases, you may need a forensic psychologist to step in and render their opinion with respect to access time.
How Does NY Divorce Law Approach Custody When Children Have Ongoing Medical Needs?
NY divorce law will take into consideration how severe your child’s medical needs are, how often your child needs to visit doctors or therapists, and which parent has historically been more involved in your child’s care.
There will also need to be corroboration to confirm which of you takes the most care of your child, especially if the other parent contests these claims. This corroboration will require testimonial letters or affirmations from doctors and therapists confirming that this parent or the other is the one who schedules the appointments, brings your child to those appointments, and picks them up again.
The courts will also consider where your child’s medical appointments are located and how feasible it is for both parents to transport your child to those appointments.
Do both of you jointly schedule your child’s therapy sessions? Who takes your child to their appointments, and who picks them up? If your child is with their father and the mother has scheduled an appointment, who is responsible for ensuring your child attends that appointment?
All of these things will be considered, negotiated, and ideally put into your parenting agreement.
What Should Be Included In My Divorce Agreement Regarding Therapies And Specialists?
It’s important to agree on doctors and therapists and to determine whether these specialists are in-network or out-of-network for your insurance. You should also consider who will pay for those appointments and who will be responsible for transportation.
For example, if you have your child for a holiday weekend, but they need to go to an appointment that is five minutes away from the other parent’s house, who will take them there and pick them up? All of these factors, both financial and practical, need to be discussed and agreed upon in your parenting plan.
Attorney David Bliven is a seasoned, respected divorce attorney serving Westchester County, New York. Since 1998, he’s helped families just like yours navigate divorce with a special needs child, helping put their child’s needs and future first.
Do you have questions or need legal guidance? Reach out to the Law Offices of David Bliven for an initial consultation today.
How Do I Plan For Education-Related Decisions And IEPs Post-Divorce?
Regarding IEPs (Individualized Education Programs), you and the other parent will need to agree on an IEP and set it up with your child’s school.
If one parent wants an IEP and the other does not, this may become a contested issue in the divorce. At the very least, I would advise negotiations where you and the other parent could, for example, agree to have your child evaluated first to determine if there is a possible need for an IEP.
If there is further dispute, you and the other parent may have to hire your own educational specialist to give their testimony as to a recommended path for your child. It’s truly better to decide on issues like these in advance rather than have them determined through a potentially vague parenting agreement.
What Financial Planning Is Necessary For My Child’s Long-Term Care And Support?
If your child has special needs, you will need to consider the possibility that your child may require adult dependent care.
In New York State, the law has been amended to extend child support to the age of 26 if the child is disabled and dependent on one or both parents. This is an important issue to negotiate through a settlement agreement or a parenting agreement. Also bear in mind the possibility that your child’s condition may worsen or lessen over time.
Should A Special Needs Trust Be Discussed During Divorce Negotiations?
This depends very much on your family’s circumstances. Special needs trusts are typically used when a special needs child is expected to inherit money or if an award has been made through a lawsuit, such as a medical malpractice suit.
If such circumstances apply to your child, yes, you will need to factor this into divorce negotiations. You will need to decide who will ultimately be the trustee of the account, how those funds will be administered, and the purposes for which they will be released. This is crucial so that someone doesn’t, for example, release funds from a special needs trust and use that money to buy a car for themselves.
That may sound odd, but I have handled a case where such a thing happened. Financial abuse of special needs children is a very real concern, so it’s crucial to delve into the finer details of a special needs trust and determine what money is there, how it can be spent, and who is going to be the trustee.
Should Guardianship Arrangements Be Addressed In The Divorce Process?
Not necessarily. I say this because, hypothetically, should one parent, God forbid, pass away before your special needs child reaches 18, the other parent has superior rights to your child over any other party, even if other parties have been named as custodial parents in an agreement.
For example, suppose it is agreed that a father is not in a position to care for the child, and the mother passes away. In settlement agreements, her parents are named as custodial parents should she pass away. However, at the end of the day, the father is still entitled to trial where he can present evidence that circumstances have changed – i.e., that he is now a fit parent and deserves custody of the child.
What Happens If My Child Will Require Lifelong Support Past Age 21?
New York State now requires child support for your special needs child until your child reaches the age of 26. However, you and your spouse can always agree to extend that as long as needed, up to agreeing that both parents are liable for your child for the rest of your child’s life. This may be needed in cases where your child, for example, is severely autistic and would be unlikely to ever be able to have a job and support themselves.
It is recommended to put such provisions in your settlement agreement. However, if this point cannot be agreed upon, the law only requires support until your child reaches 26 years of age.
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