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Divorce and Special Needs Children - Fairfax, VA

Make Sure the Divorce Agreement Provides for Your Special Needs Child

A child with special needs relies greatly on his or her parents for the support necessary to develop, learn and fight medical problems. When the parents of a special needs child decide to divorce, it is critically important that the divorce agreement make strong and enforceable provisions for the safety and continued care of a special needs child.

The Nova Family Law Group — Fairfax, Virginia

At the Nova Family Law Group, we focus our family law practice on representing clients in complex divorce and custody cases. We bring decades of legal experience to our work on behalf of families in and around Fairfax, and our attorneys are known and respected in the local legal community as strong and ethical advocates.

Unique Considerations in Divorces Between Parents of a Special Needs Child

Divorces between the parents of a special needs child are almost always complicated, even when the divorce is uncontested. The divorce agreement must specify how the parents will continue to communicate about the child's medical care and educational needs. The agreement must also include all provisions necessary to ensure that the divorce does not disrupt the child's medical care and education.

When the divorce is contested — especially when the parents disagree about child custody and visitation arrangements — there is a very real danger of disrupting the child's medical and educational schedule. In such cases, our lawyers proceed with extreme care. We stay mindful of the child's current and future needs while negotiating on behalf of our client with regard to questions like:

  • Which parent is best equipped to manage the child's medical and educational needs?
  • Has either parent shown an unwillingness to administer necessary medication or comply with other medical treatments or therapies?
  • If an Individualized Education Plan (IEP) is not already in place for the child, can an IEP be negotiated with the child's school while the divorce proceedings are ongoing?
  • How will the divorce decree enforce each parent's right to continued participation in decisions about the child's medical and educational needs?

Contact the Nova Family Law Group for More Information

Divorces and custody disputes between parents of a special needs child require especially careful attention and advocacy. We encourage parents of special needs children to seek early legal advice regarding marriage dissolution — in order to best protect their own rights and to secure a stable future for the child.

To schedule an initial consultation, call (571) 421-2992 or use our online contact form.

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