Are Custody Cases Different for Special Needs Children?

 Posted on July 26, 2024 in Child Custody

Child custody cases can be heart-wrenching and legally complex. When the child involved has special needs, the challenges can become even more distinct. In such cases, courts must take into account factors such as additional medical care and special education. These can affect court decisions on issues like child support and physical placement, also known as physical custody.

Custody orders issued by a court are legally binding and difficult to modify. If your child has special needs, therefore, make sure to involve a Wisconsin child custody attorney to protect your child’s interests. This article will discuss how child custody cases are different for special needs children.

Child Care Expenses

Child support refers to financial contributions parents must make to provide their children with a standard level of care and support. When a child requires care beyond this, a court may order the parents to pay for extra care a child might need, such as:

• Child care programs for a child with special needs

• Before- and after-school care

• Higher medical insurance

A court is likely to order parents to pay such variable costs if their child is mentally or physically disabled or has other special needs. The amount of child care expenses required will take into account the child’s needs, the availability and cost of care to meet those needs, and each parent’s economic situation. Parents may also need to pay child support after a disabled child is 18 years old.

Physical Placement 

Physical placement is another area where a child custody case might differ from a traditional one. By default, both parents have equal rights to spend time with their children. Courts, however, will divide placement between parents based on what a judge feels is in the best interest of the child. When a child has special needs, a judge may award primary placement — which is when the child spends 75 percent of the year with one parent — to whichever parent is more equipped to accommodate those needs.

In addition, some special needs children — especially those who are disabled — have mobility challenges. This can affect how placement is arranged, because it may place an undue hardship on the child. Traveling back and forth between parents regularly is much more difficult for some special needs children than it is for kids without special needs. In such a case, a judge may prescribe a different arrangement for physical placement, perhaps one that involves the non-custodial parent using electronic forms of communication to visit with the child instead of physical custody.

Contact a Rock County, WI Child Custody Lawyer

Any child custody case involving a child with special needs should be handled with extra care and attention to detail. At John T. Fields & Associates, LLC, we are well-practiced in child custody matters, including those involving special needs children. Schedule a consultation with a compassionate and experienced Dane County, WI child custody attorney by calling 608-729-3590 today.