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What parents of children with disabilities should consider during divorce

On Behalf of | Nov 14, 2024 | Divorce

Divorce is difficult, but it’s even more challenging for parents of children with disabilities. Learning about its key factors can help parents protect their children during and after divorce.

Divorce can really affect children with disabilities. They often need routine and stability, which divorce can disrupt. They may need special medical, educational or therapeutic care that demands careful coordination between parents. Recognizing these challenges helps in creating a divorce agreement that puts the child first.

Addressing unique challenges

Tennessee courts prioritize the child’s best interests, considering disabilities as an additional factor. Parents putting their best effort in creating a suitable divorce plan should address:

  • Long-term care provisions in custody and support agreements
  • Continuity in special education plans and medical care
  • Financial planning for the child’s future

Courts handle these cases with special care. They may extend child support past age 18 if the child struggles with supporting themselves due to disability. Judges look at the specific circumstances of each case.

Custody considerations for children with disabilities

When deciding custody, courts weigh various factors that may affect the child’s well-being:

  • The child’s specific needs and daily routines
  • How well each parent can care for the child
  • The child’s relationship with each parent
  • Maintaining stability

Judges often favor arrangements that preserve consistency while promoting involvement from both parents when possible.

Financial planning and support

Divorce involving a child with disabilities presents distinct financial challenges. Tennessee courts may order different kinds of support:

  • Ongoing support for adult children with disabilities
  • Additional allowances for medical bills or specialized care
  • Contributions to special needs trusts

These help secure the child’s future and ensure ongoing care. Parents who find it difficult to provide ample support can seek the help of a family law attorney who knows about disability planning. They can advise on how to keep government benefits while providing the financial support needed.

It’s important for parents to clearly communicate their child’s needs. Focusing on the child’s well-being can guide parents’ choices and help them cooperate during divorce. Families in Tennessee have access to many helpful resources. They can get more information and support from the Tennessee Disability Coalition and local groups.

Parents can provide a stable, supportive home for their child, even when the family is changing. By considering key issues and seeking guidance, parents can prioritize their child’s needs. This approach often leads to better outcomes, ensuring the child’s safety and happiness.