How To Navigate Divorce With a Special Needs Child

Child Support Custody Divorce Tips For Divorce

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Jun 12, 2025 | Content

Navigating divorce with a special needs child poses specific challenges. Thinking through the custody and financial implications with your spouse before you file for divorce can help relieve some of the pressure. You should also consider seeking the help of a skilled and experienced Georgia divorce attorney who understands how your child’s special needs will impact your goals and decision-making during and after the divorce.

Physical Care and Decision-Making

A divorce between parents requires the family court to establish physical and legal custody of the children. Physical custody concerns which parent the child lives with, and legal custody governs which parent has the authority to make decisions about healthcare, education, and religion. Shared physical and legal custody has become the norm, but may not be practical or beneficial when a child has special needs.

The Official Code of Georgia §19-9-3 describes how family court judges must make decisions about physical and legal custody. The law requires them to prioritize the children’s best interests in these decisions. When a child has special needs, the court must consider the type and extent of their needs as well as the parents’ ability to work cooperatively to meet them.

When the parents agree on a plan, the judge still must review and approve it. During your divorce proceedings, you and your attorneys will need to provide the family court with extensive information regarding your child’s special needs to help the judge make their decision. When you and your spouse disagree, it becomes even more important that you have records from your child’s doctors, school, therapists, and other service providers that support your preferred custody arrangement.

Financial Considerations

Caring for a special needs child is expensive. In some cases, a parent’s caregiving responsibilities prevent them from working. Even when both parents are able to work, they must share the financial burden of their child’s special needs.

Child support is typically calculated with a formula, but the formula amount can be adjusted to account for a child’s special medical and educational needs. Child support can continue past age 18 and may continue indefinitely if the child’s condition prevents them from living independently. Similarly, indefinite alimony is possible when a parent must be a full-time caregiver to a disabled child.

Many children qualify for public services and financial support, which can make a considerable difference in their quality of life. When navigating a divorce, it is critical to work with a lawyer who can craft financial arrangements that do not endanger a disabled child’s entitlement to benefits.

Gathering Support

You have been accustomed to raising your special-needs child as half of a couple. Single parenthood is a bigger challenge when your child has special needs. Part of your preparations should be ensuring you have a strong network of supportive family, friends, and service providers to help you during and after the divorce.

Divorce is always tough on kids, but many children with special needs are especially resistant to change or dependent on an unvarying routine. You should carefully consider your child’s personality and how they react to disruptions and make plans to ease their transition as much as possible.

Our legal team has worked with an extensive network of professionals over years of guiding people through divorce and other family law challenges. We can make referrals to trusted professionals if you need help finding extra support for your child or for yourself.

Work With an Experienced Georgia Divorce Attorney If You Have a Special Needs Child

Divorce with a special-needs child introduces some complications, so make sure you have an experienced lawyer to guide you. Contact Atlanta Divorce Law Group if you and your spouse have decided that a divorce is the best way forward for your family.

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How To Navigate Divorce With a Special Needs Child

Physical Care and Decision-Making

Financial Considerations

Gathering Support

Work With an Experienced Georgia Divorce Attorney If You Have a Special Needs Child

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