Divorce and special needs children

Hi, I have a 7 year old daughter with ASD and ADD. We are getting divorced and I was wondering if there is any thing I should be aware of in terms of laws that protect children with different needs-other than to get Section 7 expenses in addition to regular child and spousal support.

As a mother do I have a better chance of getting full custody and residency if I am the one who currently manages her treatment plan? Should I get more money from my ex than people with neurotypical children?

Thank you for any advice,


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Whose interest is at stake?
by: Anonymous

It is a bit disconcerting to read your question, as it sounds like you are more interested in getting as much money for yourself rather than what is best for your child.

If you start with your child's welfare as the starting point, then you may reach an agreement with your spouse that can avoid a lot of unnecessary hassle and expense.

Courts lean towards joint custody, and will look for proof that both parents are doing what is best for the child.

There are a number of supports for kids with special needs, and your family should definitely use them to support your child as best you can.

You may also want to think about how you will support yourself in the long term, as support will eventually end. Plan for self-reliance for you and your children for the best results.

Divorce and Children with Special Needs
by: Graeme Treeby

I am a little surprised at the response of the previous poster. I didn't think that Angela was out of line in her questions.

Angela, you need to talk with a good lawyer who works with disability issues. I have heard that child support payments should be extended beyond the typical age limits since the disability will likely continue for your daughter's lifetime.

If you have a need for a good lawyer please contact me off list so that I can share the name of someone who will know who you can talk with.


by: Andrea

To Anonymous,

My question was should he pay more for therapy and special needs if she is with me full time or even half time becuase I am doing all the legwork and managing her tretment plan-it wasn't about money for myself. I am employed full time and will get reasonable spousal support. The issue is that he should pay more because he earns more and he isnt doing as much for her in terms of managing her treatment, in the end even if I only get joint custody, it seems likely she will live me with me into her adulthood. I want to make sure there isnt any thing I am missing in terms of her needs when it comes to a divorce agreement because she has a disability.


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