Divorces are already complex, but when a child with special needs is involved, the process requires even greater care and planning. In Washington, courts prioritize the best interests of the child, and those needs can be significantly more involved when disabilities or medical conditions are present.
Parenting Plans Must Reflect Specialized Needs
Standard parenting plans often fall short in cases involving a child with special needs. A well-crafted plan should account for:
- Medical routines and medication schedules
- Educational accommodations and therapy appointments
- Consistency in daily structure and environment
- Decision-making protocols for specialized care
Flexibility is key, but stability and predictability are often even more important for a special needs child.
Child Support and Extraordinary Expenses
Washington's standard child support calculations may not fully cover the expenses of raising a child with special needs. Parents may need to consider:
- Increased medical costs
- Specialized transportation
- Long-term care planning
- Additional childcare or supervision requirements
Courts can order deviations from the standard support schedule to address these realities, but judges retain discretion whether or not to deviate.
Decision-Making Authority and Disagreements
Major disagreements may arise about healthcare, schooling, or therapeutic interventions. In some cases, joint decision-making may be unworkable. Courts can assign sole decision-making authority in specific areas to avoid delays or conflicts that could harm the child. The Court can also appoint a Guardian ad Litem (GAL) to represent the child’s best interests and make recommendations.
Long-Term Planning
Special needs children often require support beyond age 18. Your divorce plan should consider:
- Guardianship arrangements
- Special Needs Trusts to protect public benefits
- Post-secondary education or transition programs
Planning ahead ensures the child’s financial and personal care needs are met long after the divorce is finalized. Just note that failure to modify a child support order before the prior child support order terminates may preclude you from seeking modification.
Legal Guidance Matters
Working with an experienced Washington divorce attorney is essential in these situations. At Magnuson Lowell, P.S., we help parents develop detailed, customized plans that prioritize the well-being of their special needs children. Call us today 425-800-0576 for a free telephone case evaluation to start building a future that works for your entire family.
