Considerations for Special Needs Children in a Divorce

 Posted on January 30, 2025 in Child Custody

Any divorce with children should be handled with care. With special needs children, there are extra considerations that parents should take into account while the divorce is still ongoing. An experienced Illinois family law attorney can let you know what to expect and help you address problems as they arise.

At Pesce Law Group, P.C., we represent parents of special needs children in issues of family law. Attorney Don Pesce is certified to act as a guardian ad litem for a child’s best interests, which gives him the authority to make a recommendation to the court. When you work with our firm, we will do everything we can to protect your special needs child in a divorce.

Child Custody

In a divorce with children, the judge will assign custody according to the best interests of the child. For a smooth resolution, you and your spouse can draft a parenting plan outside of court that addresses the matter of physical and legal custody. If you and your spouse cannot agree on a parenting plan, the courts will investigate the child’s circumstances before making a final decision to split up custody.

When considering the best interests of a special needs child, a judge will look at both parents’ ability to take care of the child. If one parent is unequipped to attend to a child’s physical or mental disability, he or she might have less parenting time.

Child Support

In most cases, an order of child support will last until the child turns 18 or graduates high school, whichever comes later. However, if a child has a profound physical or mental disability, a judge might decide to extend child support indefinitely. To get support for a non-minor child, you will have to make a petition to the court demonstrating the need for continued payments. The court will consider:

• Both parents’ financial circumstances

• The standard of living the child would have enjoyed in a non-divorced household

• The child’s financial resources

• Any other existing support such as disability benefits from the state 

Managing Divorce for Children

Breaking the news about a divorce is never easy. If you can cooperate with your spouse, try to sit down as a family to explain what is going on. Presenting a united front with your spouse can alleviate some of your child’s worries.

Depending on your child’s special needs, he or she may not grasp the full concept of divorce. In any case, you should emphasize that your child is still loved no matter what. You could also consider bringing in a therapist or family counselor who can help the child cope with this uneasy change.

Meet With a DuPage County, IL Family Law Attorney

A divorce involving a special needs child comes with unique hurdles. You and your spouse will have to figure out how to address your child’s well-being in the short term as well as the long term. A Naperville, IL divorce attorney at Pesce Law Group, P.C. can help you draft a sustainable parenting plan and collect evidence for non-minor child support. To schedule a free consultation, call our offices at 630-352-2240 today.