Introduction
Divorce is a challenging time for any family, especially when a child with special needs is involved. In the state of New Hampshire, child custody and support for children with special needs are determined with the best interests of the child in mind. This article will explore how child custody and support for children with special needs are determined in a New Hampshire divorce.
Child Custody
In New Hampshire, child custody arrangements are based on the best interests of the child. This means that a judge will evaluate each parent’s ability to care for the child, as well as the child’s needs, before making a decision. In cases where a child has special needs, the judge may consider the following:
1. The Parent’s Ability to Meet the Child’s Needs
When determining child custody for a child with special needs, the judge will consider each parent’s ability to meet the child’s unique needs. This includes physical, emotional, and educational needs. The parent who can provide the most comprehensive care for the child may be awarded primary custody.
2. The Child’s Relationship with Each Parent
The judge will also consider the child’s relationship with each parent. In cases where the child has a stronger bond with one parent, that parent may be awarded primary custody, as long as they can adequately meet the child’s needs. However, if both parents have an equally strong relationship with the child, joint custody may be granted.
3. The Child’s Involvement in the Community
A child with special needs may be heavily involved in their community, such as attending special education programs or receiving therapy services. The judge may evaluate each parent’s ability to keep the child involved in their community when determining custody.
Child Support
Child support in New Hampshire is determined based on the child’s needs and the income of each parent. In cases where a child has special needs, the support required may be greater than it would be for a child without special needs. This is because children with special needs may require additional medical, therapeutic, and educational expenses.
1. Determining Child Support Amount
To determine the amount of child support required, the court will evaluate each parent’s income and expenses, as well as the child’s needs. A child with special needs may require additional expenses, such as:
- Medical expenses, including appointments with specialists and medications.
- Educational expenses, including special education classes and tutoring.
- Therapeutic expenses, including physical therapy, occupational therapy, and counseling.
These additional expenses may be factored into the child support amount.
2. The Obligation to Provide Support Beyond the Age of 18
In some cases, a child with special needs may require support beyond the age of 18. In these situations, child support may be extended indefinitely. The court will evaluate the child’s needs and abilities to determine if continued support is necessary.
Conclusion
When a child with special needs is involved in a divorce, child custody and support can be more challenging to determine. The court will always consider the best interests of the child, including their unique needs. If you are going through a divorce involving a child with special needs, speaking with a lawyer experienced in this area of law can help you navigate the process and ensure the best outcome for your child.