Navigating custody and divorce for children who have special needs in the San Diego Family Law Court is complex. Doppelt and Forney San Diego Divorce Lawyers have experienced family law attorneys who are in their office daily and available to represent you for your case.
Attorneys try to protect clients’ legal rights and obtain the clients’ legal goals. Family law attorneys represent the parents and not the children. The law is in the best interest of the child or children and not the parent. As such, it is critical for you to have your own legal representative who can give you realistic expectations with no guarantees of the outcome of the case based on their experience, training, and education. Divorce is challenging for any family, but when special needs children are involved, the legal, emotional, and practical complexities increase tremendously. Parents must balance their child’s emotional, physical, and educational needs while still navigating the San Diego Superior Court system as litigants themselves. At Doppelt and Forney San Diego Divorce Lawyers, our San Diego family law attorneys have experience in guiding families through these extremely sensitive situations.
Schedule a Free ConsultationUnderstanding Special Needs in San Diego Divorce Cases
Special needs can include many conditions, and some are listed but not all inclusive: physical disabilities, delays in developmental, behavioral disorders, with or without chronic medical conditions. Each child’s needs are unique. If parents do not agree, then the Court will order Family Court Services for mandatory mediation. This recommendation will address legal and physical custody. In San Diego, the Judge’s prioritize the best interests of the child. Unfortunately, in some special needs cases, the parents cannot agree on what is in the best interests of their children or child, and the Judge makes an order. This is the least preferable as an agreement will give the parents control.
Challenges Parents Face in San Diego With A Child Who Has Special Needs
Emotional Well-Being & Parental Stress: Divorce is stressful enough without a special needs child. Divorce can take up 100% of the time of any parent, and managing a special needs child increases emotional demands.
Therapy and HealthCare Coordination: Due to medical care and medications and the complexity of their special needs, many children have multiple appointments per month, and some have multiple appointments per week. When the parents do not live together and are sharing parenting time, this can exponentially increase transportation issues as well as medical decision issues. Some parents do not agree on their child’s medical needs or care. In these cases, a parent can ask for sole legal custody and/or decision-making ability after a prescribed notice period, and the Judge will grant if they believe it is in the best interests. Sometimes, one parent refuses to provide medication, which is Doctor and/or court-ordered, and complicates an existing complex case.
Educational Needs: Many children who have special needs have IEP or other home schooling or other specialized programs. Going through a contentious and adversarial divorce can exacerbate discord and result in detriment to the minor child.
Financial Considerations: The Court will order guideline child support using the Xspouse calculator unless a deviation motion from the guideline is granted. Deviation motions and granting of deviation motions from the guideline are not customary. Child support, unless special needs, will terminate at age 18 or upon graduation from high school or age 19 if not. If special needs, the Court has the legal authority to extend this duration. This can be critical as expenses for special needs children can be high. Family Law Code Section 4062(b)(2) gives the Judge discretion to add on for special needs children. If this is your case, you must provide the evidence, and an attorney can help. Special needs children often require financial support beyond typical amounts. In San Diego, courts may order child support to include:
- Medical expenses not covered by insurance.
- Specialized treatment or therapy costs
- Private schooling, Home Schooling, or other Educational Programs
- Home modifications
- Specific assistive devices medically required.
Custody Considerations for Special Needs Children in San Diego
Courts in San Diego examine multiple factors when determining custody, with the child’s specific needs as the priority.
Physical Custody vs. Legal Custody
Physical Custody: This is commonly known as the parenting plan. The default is joint physical custody, and a 2/2/5 custody schedule is common in the San Diego Family Law Court. There are also parenting plans in which one parent has primary physical custody [more than 51% of the custodial time] and the other is the non-custodial parent. Alternatively, and much less frequently, a parent can have sole physical custody. Determines where the child lives most of the time. Legal Custody: this is decision-making over health, welfare, education, and many others. As with physical custody, the default is joint. Alternatively, and again as with the physical custody, a parent can have sole legal custody but not common in San Diego.
For special needs children, the best interest standard includes, but is not limited to:
- Continuity of care
- Best Access to medical and/or therapeutic services
- Education is best for individual needs and can consider IEP or expert witness.
- Emotional and psychological well-being
As with all in Family Law Court, the Judge will consider the evidence and law. Claims without evidence may not be considered. As such, and for many special needs children the primary medical facility can print out, the documentation can be presented to Judge.
Involvement of Specialists & Experts
Pediatricians, therapists, or educational consultants can provide expert input and Judge’s may require this, given the legal request. Courts use professional guidance when making decisions about custody and care for special needs children, which is outside the legal system and their scope of experience, training, and education.
Common Misconceptions About Custody for Special Needs Children
1. Mothers Always Get Custody
Custody is determined based on parental capability, not gender. Fathers & Mothers who demonstrate the ability to care for a special needs child may receive primary or joint custody. This is contained in the Family Law Code as the Family Law Judge cannot consider gender in making decisions regarding the physical custody of the child or children.
2. The Court should order One Parent To Have Sole Custody
San Diego courts often favor joint custody arrangements, allowing both parents to remain involved while ensuring stability. This is due to the best interest analysis. There are times when a Judge will grant sole legal custody, but it is more common for limited issue decision making with a time period for the other parent to come to court and object, unless, of course, an emergency.
3. Special Needs Automatically Complicate Divorce
While additional considerations exist, skilled family law attorneys in San Diego can simplify the process by trying to give parents realistic expectations regarding what the Judge would order {whenever possible} so settlement can be reached rather than extensive [and costly] litigation.
How Doppelt and Forney San Diego Divorce Lawyers Can Help
At Doppelt and Forney San Diego Divorce Lawyers, we provide full-service legal support for San Diego parents in both legal separation and divorce, as well a custody cases involving special needs children. Our services include but are not limited to:
- Initial Legal analysis with a 30-minute confidential consultation with a licensed CA attorney who can discuss your individual case.
- Legal representation includes the preparation of all judicial council forms and pleadings with attorneys and paralegals who can assist you during this process.
- Appear in court if the case cannot be settled.
Contact an Experienced Attorney Near You
Divorce involving special needs children in San Diego requires preparation and legal expertise. At Doppelt and Forney San Diego Divorce Lawyers, our experienced family law attorneys focus on protecting your best interests so you can protect your special needs children’s best interests. We work to obtain agreements or court orders for custody arrangements that are in accordance with CA law.
By prioritizing collaboration and clear communication, our firm can navigate your divorce confidently and assist you through this crisis.
If you are in a San Diego family case and facing divorce or custody matters involving a special needs child, contact Doppelt and Forney San Diego Divorce Lawyers as your trusted San Diego family law attorneys, today to schedule a complimentary consultation either in office, virtual, or phone.