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Children with special needs come in all shapes and sizes, and all variety of special needs. Whether a child is on the autism spectrum or has a physical disability or a learning issue that requires an individualized education plan (or I.E.P.), children with special needs are unique and need extra care.
Undoubtedly you know this, however, if you’re reading this piece. The 24/7 demands of children with special needs can place an undue burden on any marriage, and perhaps you’re here because your marriage is slipping away. Perhaps you’re thinking of separating; perhaps the phrase I want a divorce has already been uttered.
We’re sorry— no one enters a marriage thinking it won’t last, and perhaps, without a child with special needs, it would have— that’s just the hard truth.
The good news, however, is that O’Cathain Law Group Family Law Department can help you Move Forward.
A big question will be, where are the children going to live? Will custody be joint, as in 50/50, with the children moving between two co-parent’s residences, or will there be sole physical custody? With a child with special needs, sole physical custody often presents itself as the more viable option, but not always. For legal custody, the same question arises— do both co-parents share the legal decision making and responsibilities? Your new dedicated family law team will work with you to craft a Child Custody and Parenting Time arrangement that’s best for you and your family, including your child with special needs. Other considerations include:
Are you staying in the marital residence? Can you afford to structure the divorce, so you buy your ex-spouse out of their interest over time? Or do you need to sell the marital residence and downsize? We’ll get into issues of Equitable Distribution, and make sure we fight for what’s most important to you and your children.
Financial considerations are always a big part of a divorce— especially in Mahwah, which has a comparatively high cost-of-living. Whether you’re the spouse who’s going to receive alimony or pay alimony, you need an experienced family lawyer who knows Bergen County and the New Jersey family court system to guide you through the process.
Child support is crucial in all divorces that involve children, but perhaps never more so than when a child with special needs is factored in. Be it extra caregiving, modifications to a home, supplemental insurance and/or additional medical and behavioral appointments— which often means more time away from work for the custodial parent— caring for a child with special needs is costly (as you no doubt know). We’ll make sure you have a child support order that allows you to meet the needs and wants of your family.
The head of the O’Cathain Law Group Family Law Department is Francesca O’Cathain, Esq., and she is recognized as one of New Jersey’s leading family lawyers in divorce cases involving children with special needs— in fact, she lectures on the topic frequently.
Call today to schedule an initial consultation. We know this is a tough time, but we also know we have the compassion, resources and knowledge to help you Move Forward to a better day.