Logo
Day & Evening
(718) 878-6886

Can You Get a Divorce with a Special Needs Child?

Posted on : November 15, 2019, By:  Mary Katherine Brown
new-york-divorces

Divorcing isn’t ideal, especially when you have a special needs child. However, sometimes it’s truly the best course of action for all parties involved. Here’s what goes into making custody and support decisions when a child has unique needs. 

 

Determining the Capacity of Each Parent to Care for a Special Needs Child 

 

Custody and visitation will need to be awarded and the biggest factor in a special needs custody case is the ability of each parent to provide for the child’s needs. Does one parent have a demanding job that requires long hours away from home? If so, that parent may not be the best choice for primary custodian. Courts also consider if either parent has any significant advantages; e.g. if one parent is a pediatrician, it may be in the best interests of the child to award that parent with primary custody. 

 

Calculating the Cost of Medical Care and Related Expenses 

 

Typically, the care of a special needs child is costly and includes expenses for doctor visits, hospitalization, therapy, medication, special diets, and sitters for when the primary caregiver is not able to be with the child. These costs should be shared by both parents and will be considered when making a child support determination. 

 

Planning for the Child’s Needs in the Future 

 

A special needs child may continue to need financial and medical support for the rest of their lives. Whereas child support payments usually end when the child reaches the age of 21 in New York, support may continue for children who have unique needs. Continuation of support is typically determined after working with a forensic accountant or other financial analyst to estimate the continued cost of care throughout the child’s life. 

When to Contact a Brooklyn Divorce Lawyer for Help 

 

If you’re considering a divorce or have been served with divorce papers, it’s critical to consult with an attorney as soon as possible. This is especially the case when a divorcing couple shares a special needs child. Protecting your child’s best interests and ensuring that they have the care they need as long as they need it can be difficult to do alone. 

 

Mary Katherine Brown is an experienced Brooklyn divorce lawyer who can help you understand your rights and legal options when going through the divorce process with a special needs child. Call today for a consultation at (718) 878-6886.  

Posted in : Divorce ,

What Our Clients Say

Alla Ozersky
Alla Ozersky
19:34 23 Aug 19
I hired this firm to resolve my custody relocation case after previous attorney almost ruined it. Not only did Ms Brown successfully resolved this case, but she also provided useful information and explanation for her strategy, provided emotional support and answers to my multiple questions, not to mention very reasonable and fair pricing.
Ben Harel
Ben Harel
23:01 13 Jun 19
Ms. Brown is outstanding. She specializes in family law and understands how to navigate the courtroom process to get you the best possible outcome. Highly recommend.
susan davidson
susan davidson
18:26 12 May 19
Ms Brown, is an Extraordinary person, she’s calm, very professional, has a wonderful personality easy to work with and always has your best interests in mind. She handed my “nasty” divorce in such a calm and professional way that it shocked me and the opposing side. She doesn’t talk too much or annoys the judge but when she does it is right on point. I highly recommend this amazing person. I can be grateful enough to Ms Brown.
NYCTechZone
NYCTechZone
17:10 02 Jan 19
Excellent service. Very professional and hassle free.
Mariana Peniche
Mariana Peniche
17:43 12 Nov 18
Yair Oded
Yair Oded
19:00 07 Nov 18
It was recommended to me that I get in touch with Mary Katherine through an acquaintance who works in the field. I can confidently say it was one of the best decisions I had made. I went through a complicated separation process and custody battle over my two year old son; my case was extremely challenging and before I retained the services of Mary Katherine it seemed as though all was lost. Mary Katherine and Eoin O' Mahony worked tirelessly on my case and managed to guarantee my access to my son and reach an agreement that protected my relationship with him and secured my status as his father. They did so with the utmost of professionalism, compassion, and generosity. I truly cannot recommend her warmly enough.
Iqra Yaqub
Iqra Yaqub
10:20 28 Apr 18
Christine David-Fortune
Christine David-Fortune
12:38 23 Mar 18
If you are looking for an attorney who would listen to your concern and tirelessly work with/for you to get results then Mary Katherine Brown is who you are looking for. She promptly addressed my concerns and kept me informed throughout the process. At the end she produce results I am happy with. Thanks again Counselor!
Jeremiah Thompson
Jeremiah Thompson
16:53 26 Jul 17
Mary Katherine Brown is one of Brooklyn's top divorce lawyers
See All Reviews