Special Needs Children and Divorce

David P. Badanes, Esq.

Going through a divorce is extremely stressful. If you have a child with special needs then the stress is significantly compounded. In families going through a divorce, special needs children are more vulnerable to adverse medical, mental and physical reactions.

In New York, the standard for determining child custody is the “best interests of the child.” The courts use several factors to determine what is the best interests of the child, including: (i) who has been the primary caregiver; (ii) the availability of the parent; (iii) the quality of care and several other factors. In cases involving special needs children, the courts may place special emphasis on who the primary caregiver has been, which parent has a schedule that will allow them to be with the child, and which parent has developed a special bond with the child.

In determining child support, the court will have to take into consideration that there are extra costs involved in raising a special needs child. For example, there may be costs associated with therapy, medications, and medical specialists.

Due to the extra care a special needs child may need, a parent with a special needs child may be precluded from obtaining employment. This fact must be accounted for when calculating spousal maintenance.

David Badanes and the Badanes Law Office have the sensitivity in helping parents with special needs children who are contemplating getting a divorce. We understand the unique issues involved in these types of cases. If you live in Long Island or New York City call David Badanes and the Badanes Law Office at 631-239-1702, email at david@dbnylaw.com or visit our web site: www.dbnylaw.com. The Badanes Law Office has offices in Northport, Garden City, Brooklyn and Manhattan.

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