When you and your spouse decide to divorce there are many factors to consider, but few are important as arranging the care of a special-needs child. The University of Wisconsin released a study that suggests divorce rates among couples with disabled kids may not be as high as once perceived; however, when you are facing the end of your marriage, it can be important to understand how this might affect a custody hearing.
If your child has a developmental disability that makes it difficult for him or her to understand what a divorce will mean for your family, you may want to consider the child’s needs before you proceed with the split such as his or her physical and emotional needs now and for the future, as well as how to ensure your child’s health care costs will be paid for by your ex-spouse.
When you obtain an attorney, you may want to ask him or her how your child’s disability might affect your request for custody. For example, will the judge consider your income as a disadvantage because your partner makes a higher wage than you do, or if you want to move to another state with your child, will his or her disability be a factor if your ex wants to fight your decision if you do gain custody? These might all be issues you face during your time in court.
Understanding your parental rights can be important when it comes to gaining custody of your disabled child, especially if you expect your spouse to fight the request.