Divorce is a challenging experience for any family in Illinois, but when a child with special needs is involved, the complexities multiply significantly. The legal system aims to ensure the best interests of the child, and this principle is even more critical when a child requires specialized care and support. Please continue reading as we explore what you should know about these matters and how a seasoned Peoria County Family Law Attorney can assist you.
Is a Divorce with a Special Needs Child Different in Illinois?
Divorce is a complex process, especially when there are children involved. Matters can become even more difficult when the children involved have special needs. Their unique medical conditions, therapeutic needs, and educational programs necessitate a level of detailed consideration that goes beyond what is typically encountered in standard divorce proceedings in Illinois. Every facet of their daily life must be thoroughly addressed and meticulously planned for in your divorce agreement.
A significant hurdle often arises from the reality that the court, despite its best intentions, may not always possess a full understanding of the daily demands and extraordinary efforts associated with raising a child with special needs. This lack of firsthand experience can result in an underestimation of the true financial and logistical burdens involved. Securing legal counsel is essential, as they can ensure that all relevant expenses are factored into financial support arrangements and advocate for custody and visitation schedules that serve the child’s best interests while accommodating their specialized requirements.
What Must I Consider?
When it comes to custody arrangements for children with special needs, it’s crucial to recognize that the guidelines may diverge from those of a conventional custody case. This distinction arises because children with special needs frequently necessitate more specialized care and focused attention, which can influence the parenting plan and visitation schedule.
Children with special needs require consistency. Consequently, they would not adapt well to alternating residences and caregivers. It’s important to note that medical insurance may only cover one set of equipment; thus, medical equipment may need to be shared and remain at the primary residence. If one parent serves as the primary caretaker, the other parent will likely not understand the routine, care, and daily requirements of the child. As such, they may be deemed unfit to care for the child.
Furthermore, child support obligations generally end when a child turns 21. Illinois law, however, allows for extensions up to age 26 for children with developmental disabilities. The court will consider the specific needs of the child, including the ongoing expense of medical care, therapies, equipment, and other services, when determining the appropriate amount of child support.
Given the complexities involved, it’s in your best interest to seek advice from a dedicated attorney from Butler, Giraudo, & Meister, P.C., when navigating a divorce with a special needs child. Our legal team will prioritize your child’s unique needs. Contact us today to schedule a consultation.
