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Divorce and the 'Special-Needs' Child
Unfortunately, the stress of raising a child with special needs increases the divorce rate for that family considerably. The myriad issues and considerations that must be addressed for the family with the special-needs child during the divorce process are numerous and complex. There has been little published on this topic, and divorce professionals are often at a loss as to how to manage divorce cases accurately and effectively where there is a special-needs child. (See C. Brown, S. Goodman, L. Kupper, The Unplanned Journey: When You Learn That Your Child Has a Disability, New Digest 20, 3rd Ed. (2003)). This article explores some of the issues of a divorcing family with a special-needs child so that appropriate custodial arrangements and financial resolutions can be fully and appropriately addressed in the divorce process.
What Is a Special-Needs Child?
A special-needs child typically falls into one of three major categories: 1) acute, life threatening medical conditions (i.e., severe asthma, food allergies, Type I diabetes); 2) chronic and pervasive developmental disorders (i.e., cognitive/language delays, learning disabilities, ADHD, pervasive developmental spectrum disorders of autism and Asperger's Syndrome); and 3) psychological and behavioral disorders (i.e., anxiety disorders, depressive disorders, and conduct disorders.) (See D. Sposnek, H. Perryman, J. Berkow and S. Ellsworth, Special Issue: Special Needs Children in the Family Court Cases, 43 Fam. Ct. Rev. 566 (October 2005)). In order to address the issues in a divorce case with a such a child properly, time must be taken to understand the developmental, physical and psychological nature of the child's special needs. (See A. Pabon, Financial Planning for Special Needs Children: A Review of Available Information for Parents, 4 J. Personal Finance 40 (2005)). There are national and local organization Web sites for each particular disability (i.e., the National Down Syndrome Society and the Autism Society of America), which are extremely reliable and informative sources of information.
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