When a couple with special needs children decides to divorce, it can be a complex and emotional process. Both parents must navigate the legal system while also considering the unique needs of their children. Minnesota has specific laws in place to protect the rights of both the parents and the children in this situation.
Custody and Parenting Time
In Minnesota, courts prioritize the best interests of the child when determining custody and parenting time. This means that both parents must demonstrate how their proposed custody arrangements will benefit the child in terms of physical, emotional, and cognitive development.
Sole Custody
One parent may be awarded sole custody if it is determined that joint custody would not be in the child’s best interest. Sole custody means that one parent will have primary physical and legal custody of the child. The other parent may have visitation rights but will not have decision-making power.
If the parent who is awarded sole custody is the parent who is providing primary care for the child, they may receive larger child support payments to cover the additional expenses associated with caring for a child with special needs.
Joint Custody
Joint custody means that both parents will have legal custody and decision-making power for the child, and the child will split their time between both parents’ homes. However, joint custody may not be feasible or in the child’s best interest depending on their specific needs.
If joint custody is awarded, the parents will need to develop a comprehensive parenting agreement that outlines how they will share parenting duties and decision-making responsibilities. The agreement should also address any special needs accommodations that the child requires.
Child Support
Child support is determined based on the income of both parents and the needs of the child. In Minnesota, child support payments are calculated based on a percentage of the non-custodial parent’s income. The amount of child support may be adjusted if the child has special needs that require additional expenses.
Medical Support
When a child has special needs, medical expenses can become a significant additional cost for the custodial parent. In Minnesota, both parents are required to provide medical support for the child. This means that they must cover the child’s healthcare costs according to the proportion of their income.
If the child requires special medical equipment or treatment that is not covered by their insurance, the custodial parent may request additional financial support from the other parent.
Special Education
Children with special needs often require specialized education programs or assistance. Both parents have the right to participate in decisions regarding their child’s special education.
Individualized Education Plan (IEP) Meetings
An IEP meeting is a gathering of school staff, teachers, and parents to create and review a plan for a student with special needs. Both parents have the right to attend and participate in these meetings.
If the parents are not able to attend the meeting together, they can participate via telephone or video conference. Each parent can also bring an advocate or attorney to the meeting to provide support and advice.
Funding and Tuition of Special Education
Special education can be expensive, and parents of special needs children may be concerned about how to fund their child’s education. In Minnesota, both parents are responsible for contributing to the cost of their child’s education.
If one parent is awarded primary custody, the other parent may be required to pay a larger share of the education expenses. If the child requires specialized programming or education that is not available in their local school district, the parents may need to advocate for their child and pay for additional education expenses.
Conclusion
Divorce is a difficult and emotional process for any family, but it can be especially challenging for parents of special needs children. Minnesota law places an emphasis on the best interests of the child when determining custody and parenting time, child support, and special education requirements.
Parents of special needs children should work with experienced family law attorneys who understand the unique challenges they face and can advocate for their rights and the best interests of their child. With proper legal guidance and support, families can navigate the divorce process while ensuring their child’s future well-being.