Menu
menu
News and Resources

Child Support and Custody Considerations for Disabled Children

Carlsbad, CA – When you have a special needs child, and you’re going through a divorce, you will likely have more issues to tackle than others. To ensure the best possible outcome for your disabled child, you and the other parent will need to work together during this trying process.

Considerations for Custody

California courts always contemplate the best interest of the child first in custody cases. For optimal results for you and your child, take some time to examine what needs are necessary. Document this process whenever possible, as there is much to consider. You and your child’s other parent will have to decide a few things, namely:

  • Will you share custody equally, or will one parent be the primary caregiver?
  • How will you handle transitions when the child visits each parent?
  • Will you need to hire someone to help, such as a home health aide or respite care provider?
  • How amenable is each parent’s schedule to caring for your child on a regular basis?
  • Are there adaptations or equipment to take into account (e.g., wheelchairs and wheelchair-accessible modifications in your home)?
  •  If your child qualifies for special education either under the federal IDEA Act or with a 504 plan, how will those needs continue to be met?

As your case will be entirely unique, you’ll want to consult with a family law firm that fully understands the intricacies of child custody laws in California.

Child Support Considerations

When you have a child with a disability, you will likely incur additional costs related to care. For example, you may need to calculate the price of occupational or behavioral therapy, specialized medical equipment that may need to be resized with your child’s growth, as well as dietary, medication, or transportation needs.

Furthermore, child support orders in California may be continued throughout your child’s life –not just through age 18—depending on the nature of the disability.

If your child qualifies for Medicare or Supplemental Security Income, you’ll probably want to maximize your child’s access to these or other disability benefits. Because divorce potentially changes each household’s income, you may qualify for these services even if you didn’t in the past. In fact, California law has specific parameters for each parent’s duty for child support. Therefore, it is critical that you get good legal representation to carefully handle the intricacies of your case; you may be eligible for more funds than you might have expected.

Ultimately, you want what’s best for your child and your family’s situation. While this process is wrought with complexities, there is help available.

To learn more about custody and/or child support, schedule a free consultation today with the attorneys at Griffith, Young, and Lass. This experienced family law practice will handle your case with dignity and the utmost professionalism.

© 2017 Millionairium and Griffith, Young & Lass. Authorization to post is granted, with the stipulation that Millionairium and Griffith, Young & Lass are credited as sole source. Linking to other sites from this document is strictly prohibited, with the exception of herein imbedded links.

One thought on “Child Support and Custody Considerations for Disabled Children

  1. I like what you recommend about consider how flexible each parent’s schedule is in order for the child to get proper care. It makes sense that it’s very important for a child with a disability to have constant care and ensuring there’s a parent available after school is essential for the child’s well-being. Thanks for sharing; these tips could be very helpful particularly during a divorce because it’s important to not neglect them.

Leave a Reply

Your email address will not be published. Required fields are marked *

Meet Your Dedicated San Diego Family Attorneys
Family Attorney John N. Griffith, CFLS
Family Attorney John N. Griffith, CFLS

Family Attorney, John N. Griffith, CFLS

John Griffith has practiced exclusively in the area of family law since 2009. John is a Certified Family Law Specialist certified as an expert in the area of family law by the California Board of Legal Specialization.

858-345-1720
john@gylfamilylaw.com

Family Attorney, Catie E. Young, ESQ.
Family Attorney, Catie E. Young, ESQ.

Family Attorney, Catie E. Young, ESQ.

San Diego family lawyer Catie Young has a wide range of litigation experience. She has worked in civil litigation. She has successfully represented clients in many areas of family law including child support, child custody, divorce and domestic violence. She has a unique approach to each child custody case, so clients of Griffith, Young & Lass tend to gravitate toward her in these cases.

858-345-1720
catie@gylfamilylaw.com

Family Attorney Amy J. Lass, Esq.
Family Attorney Amy J. Lass, Esq.

Family Attorney, Amy J. Lass, Esq.

Amy Lass was born in New York and raised in San Diego, California. Amy graduated from Cal Poly, San Luis Obispo in 2003 with a B.S. in Economics with a concentration in Enterprise Accounting and went on to earn her law degree from Thomas Jefferson School of Law and graduated cum laude in 2006. Amy takes a practical and cost considerate approach to the process while striving to balance the emotional needs and objectives of her clients.

858-345-1720
amy@gylfamilylaw.com

  • acfis
  • acfis
  • bear
  • bear
  • bear
The Typical Divorce Process in California
We deliver results
I am beyond grateful for the entire staff at Griffith, Young, and Lass. I don't even call myself a client anymore, they are my friends that protected my family and fought with me, side by side.-Erik H., San Diego