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Special Needs Children in Divorce and Custody Cases

Posted by Mattis Law, A.P.C. on September 10, 2023 in Special Needs Custody

Young girl with down syndrome hugging her dad who is holding her in his arms.

Navigating a divorce is never simple, and when a special needs child is involved, it becomes even less so. As a special needs parent, you face additional considerations and challenges related to continuity of care for the child as part of an already complicated process. At Mattis Law, A.P.C., we understand these challenges first-hand. Our legal team has extensive experience in family law and an unwavering dedication to assisting families like yours in navigating this complex area of family law.

Head attorney Amelia Mattis’ knowledge extends well beyond legal matters. She specializes in communicating effectively with children with special needs. Her ability to connect on an interpersonal level and understand and empathize is especially useful when working with children with autism. We are here to advocate for your child’s best interests and ensure they feel heard, seen, and understood throughout the process.

Legal Framework and Special Needs Children

Legal considerations about custody arrangements for special needs children can be complex. Courts typically consider various factors related to:

  • Health
  • Safety
  • Overall welfare

California Family Code Section 3040-3049 plays a significant role in these matters, ensuring that decisions are always with your child’s welfare in mind.

A lawyer with experience in this area is crucial when engaging in a divorce or custody dispute involving children with special needs. At Mattis Law, A.P.C., we can guide you through this process while ensuring that your child’s needs and best interests are held as the top priority.

Custody and Parenting Plans

Formulating a personalized parenting plan for children with special needs is of great importance and may differ significantly from one developed for non-special needs children. Each child has requirements to take into consideration when creating this care plan, including:

  • Healthcare plans play a crucial part in life; regular appointments, medication schedules, and emergency plans must all be carefully considered.
  • Therapy sessions (physical, occupational, or speech therapy) must fit into their everyday schedule, including any special accommodations. Planning must take this into consideration to ensure a seamless parenting plan.
  • Child support services such as in-home assistance or childcare should form part of any plan created for them.

Your San Diego family law attorney can play an essential part in forming this plan for your child, ensuring that all factors come together seamlessly. Acting on your child’s behalf, they can negotiate in your child’s best interest and ensure all aspects of their lives are considered, both now and later.

Navigating Financial and Support Issues

Financial aspects associated with raising children with special needs can be complex and involve several factors, such as:

  • child support payments
  • medical expenses
  • government benefits

Child support payments are often essential, yet these alone are often insufficient to cover medical costs associated with therapies, medications, and equipment necessary to your child’s care. Supplemental Security Income benefits may provide valuable financial relief in these instances.

Amelia Mattis has helped many families secure these resources for a child’s needs and can offer needed guidance for complex financial planning issues. Creating an all-encompassing financial strategy to fully address your child’s needs is essential.

Turn to a San Diego Family Law Attorney You Can Trust

When dealing with cases involving special needs children, experience and dedication matter. At Mattis Law, A.P.C., Amelia Mattis provides comprehensive legal guidance, support, and a deep commitment to handling such cases.

Our San Diego family law lawyer is a compassionate advocate who protects your child’s well-being. We are dedicated to helping you navigate this difficult journey and achieving a positive outcome.

Call us today at (858) 736-9309 to help protect your child’s future moving forward.

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