Special Needs Children and Divorce in Arizona

When you have a special needs child, the emotional turmoil of divorce is amplified tenfold. You’re not just worried about your own wellbeing, but also ensuring your child gets the care and support they need during this turbulent time. We’ve worked with countless families in this situation, and the guilt, fear, and anxiety are palpable. But with the right mindset, preparation, and legal guidance, you can get through this in a way that prioritizes your child’s wellbeing.

Here’s a guide to help achieve a smooth Arizona divorce involving a special needs child. Please reach out to our experienced Family Law attorneys for more legal guidance on your specific situation.

Understanding Arizona’s Laws Relating To Special Needs Child Custody

In Arizona, the Family Court aims to make decisions based on the “best interests of the child” when dealing with custody, parenting time, and child support matters. This also applies in matters involving special needs children. This means the judge will evaluate various factors to determine what living situation and financial resources best cater to your child’s specific needs. Some key considerations include:

• The ability of each parent to meet the child’s medical, educational, and therapeutic requirements
• Any existing bond between the child and each parent
• The child’s adjustment to home, school, and community
• The mental and physical health of all parties involved
• Evidence of domestic violence or substance abuse issues.

The courts will also look at the practical aspects like each parent’s work schedule, living situation, and ability to financially provide for the child’s care. It’s crucial to have an experienced divorce attorney who can effectively present evidence and arguments that showcase your capability as the primary caregiver for your special needs child. This could make a significant difference in the custody and financial outcome.

Developing a Comprehensive Parenting Plan For Your Divorce with a Special Needs Child

One of the most important things you’ll need to establish is a detailed parenting plan that accounts for your child’s unique needs and routine. This legal document will outline the timesharing schedule, decision-making responsibilities for key issues like education and healthcare, and any other provisions necessary to maintain stability. Here are some essential elements your parenting plan should cover:

Medical Needs

• Which parent will be responsible for making medical decisions?
• How will you collaborate on choices?
• How will you ensure continuity of care and access to the same medical providers?
• Who will manage medications, medical equipment, and supplies?
• How will you share medical records and documentation?

Therapy and Educational Needs

• What therapeutic services does your child require (example: occupational therapy, speech therapy, and the like)?
• How will you decide on educational placements and services like an Individualized Education Program (IEP)?
• What is the plan for transportation to and from school and therapy appointments?

Daily Routine and Care

• What is your child’s daily routine and how will it be maintained between households?
• Who will be responsible for specific caregiving tasks like bathing, dressing, and feeding?
• How will you ensure consistency in behavioral management strategies?

Financial Responsibilities

• How will you divide the costs for medical care, therapies, equipment, and other disability-related expenses?
• If one parent has better medical coverage, how will you ensure the child remains on that plan?

The more comprehensive and tailored your parenting plan is to your child’s needs, the smoother the transition will be. An experienced divorce lawyer can guide you in developing a plan that truly has your child’s best interests at heart.

Navigating the Financial Aspects: Child Support Involving a Special Needs Child

The costs of caring for a special needs child don’t just disappear after a divorce. They may even increase if parents are no longer sharing a household and pooling resources. It’s absolutely critical that your divorce settlement and child support order adequately account for your child’s ongoing medical, therapeutic, educational, and caregiving expenses. This could include:

• Health insurance premiums and out-of-pocket medical costs
• Costs for medications, medical equipment and supplies, and home healthcare services
• Therapy costs (example: occupational, physical, speech, or behavioral therapy)
• Special education tuition or costs for an aide at a public school
• Expenses for specialized transportation like a wheelchair-accessible vehicle
• Costs for making a home accessible (example: renovations, ramps, lifts, and the like).

In some cases, the court may even order that a separate fund be established specifically for your child’s future care and needs, especially if their condition is permanent. It’s important to have a skilled divorce attorney who understands these complex financial considerations. They can advocate for a child support settlement that covers your child’s needs, even if circumstances change down the road.

Exploring Available Support for a Special Needs Child in the Divorce Process

Navigating life as a single parent with a special needs child can seem daunting. But you don’t have to go it alone. There are numerous resources and support services available in Arizona to help lighten the load:

State and Federal Assistance Programs

• Arizona’s Division of Developmental Disabilities (DDD) offers services and support, particularly for a developmentally disabled child
• Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI)
• Medicaid under the Arizona Health Care Cost Containment System (AHCCCS) and the Arizona Long Term Care System (ALTCS)
• Vocational rehabilitation services.

Community Support Groups

• Local special needs parent support groups
• Condition-specific non-profit organizations, such as the Autism Society of Greater Phoenix
• Online forums and communities.

Legal Resources

• Arizona Center for Disability Law provides legal advocacy
• Some attorneys offer free consultations or discounted rates based on income.

Respite Care Services

• Programs that provide temporary, short-term relief for primary caregivers
• Can be through state agencies, non-profits, or private providers.

Don’t be afraid to ask your divorce lawyer about connecting you with these resources. A little extra support can go a long way in helping you successfully navigate single parenthood.

Prioritizing Self-Care

As a parent of a special needs child going through a divorce, putting on your own oxygen mask first is essential. When you’re drained emotionally and physically, you can’t possibly be the best caregiver, that’s why you have to care for yourself, too. Here are some tips for self-care during this stressful transition:

Build a Support System
Lean on friends, family members, counselors, or join a local support group. Having people you can open up to about your struggles can be therapeutic.

Make Time for Your Interests
Whether it’s reading, exercising, or pursuing a hobby, carving out time for yourself is crucial. Don’t let your identity get consumed by your roles as a parent and spouse.

Consider Counseling
Divorce is traumatic, even when it’s the right decision. Working with a therapist can help process the grief and negative emotions in a healthy way.

Be Gentle with Yourself
You’re going through one of life’s toughest challenges. There will be hard days. Show yourself compassion and don’t beat yourself up over small things. The better you care for your own wellbeing, the better equipped you’ll be to care for your child throughout this journey. Don’t let self-care be an afterthought.

Need Help With Your Divorce Involving a Child With Special Needs?

Going through divorce with a special needs child is difficult, but with sound legal guidance, you can make the process smoother and the outcomes better for you and your child. In Arizona, the team at Goldman Law, LLC is here to support you every step of the way. Our experienced divorce attorneys will fight tirelessly to protect your rights and ensure your child’s future is secure.

Contact us today at (602) 698-5520 to schedule a consultation. Let us handle the legal complexities so you can stay focused on providing them with the love, care, and stability they need. You’ve got this!