Jump to Navigation
Family Law Attorney

I provide experienced legal guidance in family law, divorce and special education law. I represent parents and families throughout western Massachusetts.

The future of special-needs children requires divorce planning

If one has a family member with special needs, there are sometimes extra steps that need to be taken to ensure their well-being. They may have physical or mental disabilities that make their needs different from others. If there is a child in the family and a parent is thinking about filing for divorce, usually, there are questions related to the special child's situation during this time of change. Emotional well-being is important, but so is the fact that the special needs child is financially sound after a change in living situation, like a divorce would cause.

This is especially relevant for those special needs children who receive Social Security Income or Medicaid. Issues of awarding the child's monies to the appropriate party(s) is extremely important to the family and the child.

There need not be any hold on these funds being awarded, so it is appropriate to plan for their change in account, if any. The family will want to be sure they have an arrangement that does not affect the award of these financial amounts for the lesser.

Likely, there will be one parent who undertakes the majority of physical custody of the special needs child. However, if the parents have a joint custody or similar arrangement, they will want to be sure to arrange emergency situations, medical care appointments and other similar arrangement that are specific to the needs of the child.

Most children do not need such a detailed family plan, but in the case of special needs children, they are often necessary. Preparing for all situations for a special needs child after a change in living arrangement, like a divorce, is usually in the best interests of the child.

Speaking of the best interests of the child, that is what this divorce and custody planning is focused on. It is focused on achieving the best possible outcome for the child. This is true of both special needs and other children. Preparing for the future in the best way possible is the optimal approach when arranging a divorce.

Source: NatLawReview.com, "Special Needs Children - How Divorce Can Impact Your Estate Plan," accessed on July 4, 2016

No Comments

Leave a comment
Comment Information
Contact Our Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close
Subscribe To This Blog's Feed Office Location

Claudette-Jean Girard, Attorney at Law
1380 Main Street,Suite 302
Springfield, MA 01103
Springfield Law Office Map

Phone: 413-315-5518
Toll Free: 877-622-6089
Fax: 413-886-0220
Contact the firm

Claudette-Jean Girard, Attorney at Law
P.O. Box 278
Monson, MA 01057
Get Directions

Lead Counsel Rated | LC