Divorce For Couples With Special Needs Children
During a divorce, there is a lot to be keen on. Life becomes harsh when you have to part ways and you have children with special needs. In such a situation, there are several practical issues to address to ensure the best interests of such child(ren) are addressed.
Children with special needs require a high level of care and support. Life may be expensive too. Thus during divorce, you need to consider all those factors to ensure that you can handle such divorce amicably.
Navigating Divorce With Special Needs Children
With the unique set of challenges, it becomes easier to deal with your situation with the help of a divorce lawyer in Toronto. Each parent has to consider that their child has a condition that will be significantly affected by the situation on hand. Thus, you may need to help them cope with the situation by:
- Maintaining a composed state: You don’t want to add stress on top of what your child is already going through. There may be a high probability that they could have noted the difference between you and your spouse, and this could make their life harder. By maintaining a composed state, you send a message that nothing is amiss.
- Addressing situation intentionally: During divorce, your child may have feelings, allow them, and don’t try to blame them for anything. If your child wants to know what is happening, help them understand and make them feel loved. This will help them cope with divorce more easily
- Consider your child situation: You may be forced to have a trained special needs tutor to buffet the stress associated with divorce. If both of you can communicate, you can seek a professional or a counselor to advise you on dealing with your child during divorce. However, when it comes to the issue of child custody, visitation, or support, you will need an experienced family lawyer to offer legal guidance.
How Will Child Custody Be Determined?
In a situation when you are unsure of whether your ex-spouse will take care of your child with special needs, you may consider speaking to a divorce lawyer about sole custody. Remember that such a child may even not be aware of the happening, and any disruption may trigger their way of life. It’s better if both parents agree on child custody, visitation, and support, all for the child’s best interest. For such an agreement, the judge has to ensure that the latter is appropriate. For example, the judge has to consider whether:
- The custodial parent can relate with the child well.
- There is any impact to the child because of change of status quo.
- The living arrangements and whether they are conducive for a special child needs.
That way, the judge can comfortably adopt the agreement in a court order. If you cannot agree on child custody matters, the judge will have to decide for you, and you have to abide by such orders. The order has to take care of the child’s situation. It becomes tough when deciding on child visitation. For instance, an autistic child may be affected by the fact that he/she has to live with one parent for a few days and then shift to the other. This may completely alter their behavior as they try to cope up with changes.
In the above agreement, special consideration must be given to the fact that the child may need lifetime care. Canada supports joint custody, where both parents have to take part in bringing up the child. The custodial parent has to receive support from the other parent.
Your divorce lawyer should work together with an economist who can help incorporate any child entitlements that could ease the burden of life.
Developing A Parenting Plan
During the divorce, one main aim would be to develop a parenting plan to show what each parent is tasked with concerning the child’s situation. If not sure what to include in your plan, you can get legal advice from a lawyer or use the Department of Justice Canada checklist to consider what would work best for your child. The checklist contains vital questions such as:
- How you will make decisions concerning your special need child?
- Time each parent has to spend with the child?
- How to communicate and share information?
When coming up with the plan, there are a few things to consider:
- Make it in writing and make it simple. This will help avoid future conflicts
- Speak to a family lawyer before signing. This will help to ensure you understand your right and responsibilities towards the child. To make it legally binding, you can choose to include it in your Divorce Act or under the provincial or territorial laws depending on your situation.
Child custody issues are complicated. They are full of contentious elements, especially when dealing with a special child. The divorce process may be easier if you work with an experienced divorce lawyer.