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Divorce and Children with Special Needs

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Special Needs Alliance
Divorce and Children with Special Needs

Of the many life challenges and circumstances that can potentially disrupt the life of a child with special needs, divorce is undoubtedly one of the most difficult situations to contend with.


While the rate of divorce remains lower for couples with a child with special needs, the stress and added responsibilities on parents can lead to broken relationships that necessitate a divorce, causing the child with special needs potentially a significant amount of upheaval during the process.


Parents need to consider the full scope of health, medical and legal issues that will potentially alter the situation for the child and be aware of state and federal laws that might affect eligibility and benefits.


Guardianship


In addition to coordinating beneficiary designations, Brian K. Carroll, CELA encourages parents to make sure they update their typical estate planning documents such as power of attorneys, wills and any trust they might have. All such documents should be reviewed early on in the divorce, not just after the divorce is final.


Once the child with special needs turns 18, a court-appointed guardian will need to be appointed if signing a power of attorney is not an option. If the parents are able to get along it might be that both parents would be co-guardians, despite the divorce. They may decide that one or the other may be the Guardian or possibly another family member. The important point is that they talk about who should be the guardian or co-guardians, who the alternate guardian or guardians might be with an emphasis on what arrangement would be in the child’s best interest.


Maintaining the support services and financial resources for the child requires advanced planning and decision-making on behalf of the attorneys and parents, and the cooperation by the court, to ensure continuation of the quality of life the child needs and deserves, and for which the parents, their own differences and needs aside, should desire.


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