Custody Disputes Involving Children with Special Needs

Children with special needs require more attention than children without. For that reason, when two parents are having a custody dispute that involves special needs children, there are certain things to be examined before a decision can be made about which parent will get custody of the children. In many cases, courts choose an arrangement that is in the best interest of every child, but in the case of children with special needs, best interest doesn’t only mean placing the children where they will be safe.

It is common for children with learning disabilities, autism, ADHD and behavioral or psychological disorders to be considered special needs. No matter what the disability may be, it is something that the court is to be informed of, as it will allow them to choose an arrangement that is ideal for the children. There may be one parent who is more familiar with the children’s conditions or can provide better care, so that parent may be seen as the best option to the court.

Not only may it be important to the court that the parent be able to care for the children and tend to their needs, it may also be important that the parent can provide appropriate medical care if there is an emergency. They may also make a decision based on the parent’s ability to find the best school for the children that can cater to their needs. The health of the children is important and if one parent cannot prove that they can give the children what they need, they may not be awarded custody.

If you are in the midst of a custody battle and your children have special needs, an attorney may be able to assist. Your children deserve to be placed with a parent who can properly care for them, and if that parent is you, an attorney may be able to help you win custody.

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