Child Custody Lawyer for Children With Special Needs in Atlanta, GA
The parents of children with special needs often devote a significant amount of energy to creating a home environment that supports their child’s growth and development. A divorce or separation from the co-parent can disrupt the child’s routine, and negotiating custody arrangements requires sensitivity and creativity.
Consider working with our team when you are looking for a child custody lawyer for children with special needs in Atlanta, GA. The family law attorneys at Atlanta Divorce Law Group have deep experience crafting custody agreements for families whose children have various special needs.
What Is the Legal Basis for Custody Decisions of Children With Special Needs?
When parents divorce or separate, they must submit a parenting plan to the family court. It must contain a detailed schedule showing when each parent is responsible for each child, note the transportation arrangements, and describe how the parents will allocate or share decision-making authority.
According to the Official Code of Georgia §19-9-3, family court judges must prioritize the child’s best interests when making custody decisions. When a child has special needs, the judge will expect to see a description of the child’s condition and how each parent intends to manage it.
Our Atlanta, GA attorneys can help parents craft a custody plan that clearly explains the child’s special needs and the parents’ plan to ensure the child’s well-being. When parents are involved in a custody dispute, we can support a parent’s bid for custody by demonstrating their understanding of the child’s needs and their ability to accommodate them.
Parenting Time Considerations for Children With Impairments
Georgia law supports both parents having as much time with the children as possible, consistent with the children’s best interests. A family court judge will keep the child’s condition in mind when assessing parents’ ideas about physical custody.
If a child is hearing impaired, a judge may want assurances that both parents can communicate with the child through sign language or another method before allowing shared custody. Accessibility in both homes is essential for children who are vision-impaired or who use mobility aids. When considering physical custody of a child with certain forms of neurodivergence or psychiatric disorders, the judge may emphasize maintaining the child’s routine in familiar surroundings.
Depending on the child’s condition, other factors might be necessary. Our attorneys in Atlanta, Georgia, will seek advice from the child’s medical team or others to help you create a custody plan to ease your child’s special needs adjustment. When there are multiple children, the custody arrangement that serves their best interests might vary between the children.
Financial Arrangements Can Be More Complex
Child support is determined through a formula, but there are often deviations when a child has special needs. For example, the custodial parent can request a deviation for extraordinary medical and educational expenses.
Additionally, child support typically ends when a child turns 18. However, the law allows a judge to order child support to continue indefinitely if a child’s disability prevents them from living independently or becoming self-supporting.
Family courts sometimes direct parents whose children qualify for government benefit programs to establish a special needs trust. The trust provides funds for goods, services, and activities that enhance the child’s quality of life without endangering their eligibility for benefits. Our Atlanta, Georgia, attorneys can discuss your child’s circumstances with you to determine whether a special needs trust might be appropriate in your case.
Consult Our Atlanta, Georgia Attorneys About Custody of Your Child With Special Needs
If you need a child custody lawyer for children with special needs in Atlanta, GA, contact our experienced family law team. Make an appointment with Atlanta Divorce Law Group’s intake specialist today to ensure your custody arrangement supports your child’s needs.
