Reston, Virginia Lawyer for Special Needs Children

Experienced Family Law Attorney for Issues Surrounding Special Needs Children in Reston

If your children have learning, physical, or other disabilities, you already know their needs are different from those of other children. Most parents of children with special needs are no strangers to adversity, but separating or divorcing comes with several unique complexities that are difficult to navigate without the assistance of an experienced, compassionate attorney. Nicole M. Burns, Attorney at Law is well-equipped to help you overcome those challenges.

Extra care and consideration must be taken when creating child custody, child support, and visitation arrangements for special needs children. Any family law matter deserves customized solutions, but for those involving children with special needs, a tailored approach is absolutely necessary for their well-being. We do everything in our power to preserve their interests and your parental rights while working hard to minimize the disruption for your family.

Parenting a Special Needs Child

Saying that a child has special needs does not necessarily mean the child is disabled. The term is used to describe a wide variety of conditions, including:

• Autism spectrum disorder
• Attention Deficit Hyperactivity Disorder
• Cognitive, intellectual, or physical disabilities
• Speech impairments
• Emotional disturbances
• Certain learning disabilities

Some conditions are relatively minor, but others may present with more severe impediments. Caring for your child may be more expensive due to medical treatments, therapy, or adaptive equipment. All of these factors can make your divorce more complex, and you may need to address several concerns with your co-parent before your divorce is finalized.

Child Custody and Visitation

Disrupting the child's schedule or transferring them between homes for visitation can cause significant problems. Although you want to maintain as much stability as possible, you also need to consider your parental rights. Any determinations for children use the best interests of the child standard, which is sometimes more difficult to define with special needs children. Factors to consider include:

• The child's attachment to and relationship with each parent, siblings, and other family members
• The child's developmental level and age
• The potential adverse effects of moving the child to a different residence
• Which parent has been the primary caregiver
• Whether moving the child would take them away from their current doctors or schools
• Whether either parent is unable or unfit to care for the child properly

We can help you explore different options for a custody schedule so that you can remain actively involved in your child's life, while also keeping their best interests in mind.

Weighing Child Support and State or Federal Benefits

The expenses of providing for a special needs child can be extremely high. The custodial parent may request a deviation from regular child support calculations to account for the extra costs. However, that could disqualify your child from receiving Medicaid, SSI, or other government benefits. At Nicole M. Burns, Attorney at Law, we can take these benefits into consideration as we work towards a solution to keep your family in a place of financial stability.

Does Child Support Continue Into Adulthood for Special Needs Children?

Turning 18 does not necessarily mean your special needs child will be able to care for themselves. Children with severe disabilities may need lifelong medical treatment and care. In Virginia, a child support agreement can continue into adulthood if a special needs child is not able to become self-supporting due to a physical or mental disability.

Contact Our Reston, VA Special Needs Children Family Law Attorney

Attorney Nicole M. Burns is a staunch advocate and ally for parents of special needs children. When you work with Nicole M. Burns, Attorney at Law, you will receive individual attention from an experienced legal professional who is invested in the well-being of your children. Nicole M. Burns, Attorney at Law serves clients throughout Northern Virginia from our offices in Reston. To schedule an initial consultation today, you can call our firm at 703-373-4761 or contact us online.