Child custody issues can be legally, emotionally, and logistically complex. Navigating custody with special needs children can be even more complicated since these matters often involve additional considerations to help ensure the child’s well-being. It’s crucial to have a well-drafted parenting plan in place that focuses on the child’s medical, therapeutic, and educational needs — and prioritizes their best interests.

How is Custody with Special Needs Children Decided?

Custody with special needs children requires careful consideration. As with any other custody matter, the best interests of the child are first and foremost. However, there are a number of specific factors that a court would consider in cases where a child needs a greater level of care.

In a custody matter involving a child with special needs, the court would evaluate each parent’s abilities to meet the child’s needs and whether one parent has special training that would benefit the child. A judge would also assess the stability of the home environment and how parents would share decision-making authority. The parents’ work schedules may guide the court’s decision if one parent is unable to consistently provide the care the child needs.

While courts prefer joint custody arrangements whenever possible, if one parent is better suited to meet the child’s needs, a judge may determine that sole custody is best for the child. In such cases, the other parent would have parenting time. In addition, parents may not always be on the same page when it comes to matters concerning a child’s educational or medical needs. If the parents regularly disagree about the child’s medical treatments, a court might award legal custody to one parent so that important health decisions aren’t delayed.

Creating a Parenting Plan for a Child with Special Needs

A parenting plan is a vital document for parents who are divorced or separated. It can also be a key tool to minimize conflicts and ensure both parents remain actively involved in their child’s life. Notably, a plan can be specifically tailored to help parents navigate matters related to custody with special needs children.

Some key aspects to consider when creating a parenting plan for a special needs child can include the following:

• Custody and visitation — While a standard custody arrangement and parenting time schedule may not be appropriate for a child with special needs, parents may consider flexible scheduling. Depending on the child’s disability and each parent’s ability to care for the child, parents might consider giving one parent sole custody while the other would have visitation rights.
• Decision-making authority — A parenting plan should outline how parents will make decisions about healthcare, education, and various other aspects of the child’s life. The plan should also detail what steps will be taken if parents cannot reach an agreement.
• Parental communication — It’s essential for co-parents to communicate, and it can be even more important if a child has special needs. A parenting plan should establish guidelines for ongoing communication and determine how updates about the child’s life will be shared between parents.
• Daily routines — It’s critical to create a plan that minimizes disruptions in the child’s life. While a parenting plan for a special needs child should allow for flexibility, it should also ensure consistency.
• Medical and therapeutic needs — The plan should address the child’s medical needs, appointments, medications, therapy schedules, and any specialized medical equipment they might require. It should specify which parent will be responsible for bringing the child to therapy or specialized programs.
• Educational accommodations — Outlining the child’s educational needs and accommodations in a parenting plan is paramount. Each parent’s responsibilities for ensuring the child’s educational needs are met should be specified.
• Financial support — The parenting plan should outline how medical expenses in connection with the child’s specialized care will be handled, and how child support will be used to cover the child’s needs.

A parenting plan for a special needs child can also deal with long-term care after the child turns 18. If their disability will prevent the child from being self-sufficient, a guardianship may need to be put into place. Parents should consider who the potential guardian may be and include a provision addressing this and other long-term care matters in the parenting plan.

Using Mediation to Reach an Agreement

Matters concerning custody with special needs children don’t always need to be determined in litigation. Parents are free to decide these issues for themselves outside of court. In fact, judges encourage parents to work together to find solutions since they know their child’s needs best. Mediation can be a highly effective tool to help parents reach a custody agreement without involving the court.

In mediation, a neutral third party called a mediator can facilitate healthy communication between parents. During the process, parents can collaborate to identify creative solutions that address their child’s medical, therapeutic, educational, and other needs instead of allowing a judge to decide the outcome. Mediation can also reduce stress and allow the parents to stay focused on their children — rather than their dispute.

Contact an Experienced Michigan Divorce and Family Law Attorney

If you would like to learn more about navigating custody with special needs children, it’s vital to consult with a knowledgeable family law attorney. Located in Sterling Heights, The Law Offices of Kevin R. Lynch P.L.C. provides a variety of family law services to clients in Michigan and helps ensure the best interests of their children are met.

You can set up a free consultation by calling 586-336-1088 or contacting us online. We assist clients throughout Macomb, Oakland, and Wayne counties.