Co-Parenting a Special Needs Child After an Illinois Divorce

 Posted on October 15, 2024 in Child Custody

At least 20 percent of U.S. homes have a child with a disability, special healthcare needs, or a chronic illness. The challenges that arise when parenting a special needs child can be the reason for a divorce or one of many reasons that become the final "push" over the edge for a couple. The divorce rate for those with an autistic child is 80 percent – considerably higher than the divorce rate for parents without an autistic child.  

When a couple with a special needs child divorces, there are additional issues beyond the standard custody, visitation, and child support factors that must be decided. The child’s needs, whether they are social, educational, psychological, or medical, must be fully addressed in a comprehensive parenting plan following the allocation of parental responsibilities.

Decisions regarding the child’s best interests are made by the judge in your case, assuming you and your spouse are unable to come to an agreement on your own.  If you need a strong legal advocate who will fight for your rights and your child's rights during this difficult time, call an experienced Naperville, IL special needs child custody lawyer from the Law Office of Ronald L. Hendrix, P.C..

What Decisions Must Be Made and What Will the Judge Consider?

A judge may allocate parental responsibilities 50/50, which rarely means exactly equal, but does mean that the child will alternate living with each parent. Otherwise, one parent is designated as the primary residential parent, while the other receives parenting time (formerly known as "visitation). The judge will consider the stability of each household, whether each parent is up to the task of caring for the special needs child, and whether one parent is unwilling or unable to handle the child’s needs. In some cases, siblings may be split up between the parents, especially if the special needs child requires near-constant care.

What About Child Support for a Special Needs Child?

Child support calculators and charts rarely address the extra expenses associated with special needs children. Specialized medical care, special nutritional needs, rehabilitative therapies, or additional educational needs may be necessary. The primary residential parent may require respite care, while the uncertainty about the nature and cost of future care can make estimating expenses during child support determination difficult. To the extent possible, the parent who will receive child support should have a comprehensive list of these expenses.

How Do You Make Future Plans for a Special Needs Child?

The best starting point in creating a parenting plan for a special needs child is to determine how much you and your spouse currently agree on treatments and care for your special needs child. You must have a parenting plan that addresses the current situation while considering your child’s transition to adulthood and how that will look. This involves estate planning to ensure your adult special needs child continues to receive the care he or she requires.

Issues regarding eligibility for governmental assistance must be addressed, and the parenting plan must clearly address the child’s social skills, custodial care, and recreation. Managing the day-to-day care of a child with extreme special needs is often a full-time job, so the effect on the custodial parent’s income must be considered in the context of establishing spousal maintenance.

Contact a Will County, IL Allocation of Parental Responsibilities Lawyer

If you have a special needs child, you need additional assistance during your divorce to make current and future determinations regarding the child’s care. An experienced DuPage County, IL parental responsibilities attorney can guide you through this difficult time in the best way possible. Attorney Ronald Hendrix is a court-appointed mediator and holds a master's degree in guidance and counseling in addition to his law degree. Contact the Law Office of Ronald L. Hendrix, P.C. at 630-355-7776 to schedule your free consultation.