Divorce can be challenging for children with special needs. Furthermore, the logistics of co-parenting can get in the way of providing a special needs child the extra care and attention they need expeditiously. In such cases, where parents cannot make decisions together efficiently, the needs of the child must come first, even if it means that one parent is in the decision-making role.
How Sole Custody Can Benefit Special Needs Children
While both parents may want to care for a special needs child after a divorce, a 50/50 parenting schedule may not always be in the best interest of the child. Moreover, having one parent make the final decision on major issues may help to implement testing and services more expeditiously and efficiently. Here are some of the many ways sole custody can benefit special needs children:
- Consistency in Care – When one parent has primary physical custody of a special needs child, they can provide a more consistent care regimen to help the child grow and thrive. Children with special needs may need consistency more than an evenly shared parenting schedule.
- Clear Decision-Making – Giving one parent sole decision-making authority for a special needs child means there won’t be any disagreements over where the child should go to school, what medical care they will receive, whether the child should be tested, whether the child should receive medication. These disagreements can cause delays in getting a special needs child treatment to help them thrive.
- Streamlined Communication with Providers – Special needs children often have an army of providers looking out for them, from doctors and mental health professionals to teachers and physical therapists. When one parent has sole custody, it means there’s one point of contact for these providers, reducing the chances of communication mishaps and other issues that could impede a special needs child’s development.
- Reduced Stress for the Child – Shuttling back and forth among their parents and frequently readjusting to different living situations can put immense stress on special needs children. While both parents may want to be involved in the child’s life, awarding one parent primary physical custody and the other parent meaningful access often means less stress for special needs children, as they’ll have a more consistent living environment.
Seeking Sole Legal and Primary Physical Custody of a Special Needs Child
New York law requires judges to make custody decisions based on the child’s best interests. An experienced New York child custody attorney can help you make your case for sole legal custody by:
- Understanding why you believe your child would benefit under this arrangement;
- Having an attorney or guardian ad litem appointed for your special needs child
- Presenting information from your members of their care team to support your petition.
- Filing the petition in court and representing you during any hearings.
- Developing a legal strategy that best suits you and your child’s needs
Attorney Lisa Zeiderman understands the unique custodial challenges associated with a special needs child with respect to obtaining a divorce in New York. Call today or complete this contact form for a confidential consultation.