Deciding to get a divorce is never an easy choice, especially when you have children with special needs. Many couples might hesitate to pursue a divorce because they are concerned about how it will affect their children’s care and overall well-being. However, in South Dakota, having children with special needs does not automatically mean that you cannot get a divorce. It is essential to understand the relevant information about divorce and child custody when dealing with these circumstances in the state of South Dakota.
Divorce Laws In South Dakota
South Dakota is considered a no-fault divorce state, which means that you do not need to provide a specific reason, such as adultery or abuse, to file for a divorce. In South Dakota, you can cite "irreconcilable differences" as the primary reason for seeking a divorce. However, before filing for divorce, you must have been a resident of South Dakota for at least 60 days.
In matters of divorce and child custody, South Dakota courts prioritize the best interests of the child. When making custody decisions, judges take various factors into consideration. Some of these factors include the child’s age, health, and emotional ties to each parent, as well as the stability of each parent’s home environment. Additionally, the child’s relationship with siblings, relatives, and other members of their community, along with the ability of each parent to meet the child’s physical, emotional, and educational needs are evaluated. If the child is old enough to express a reasonable preference, their opinion may also be taken into account.
Child Custody And Special Needs Children
In South Dakota, child custody is divided into two categories: legal custody and physical custody. Legal custody grants the right to make significant decisions regarding the child’s upbringing, such as their medical care, education, and religious beliefs. On the other hand, physical custody refers to the child’s primary residence and the division of time spent with each parent.
For children with special needs, additional factors are taken into consideration when making custody and visitation decisions. The court may evaluate each parent’s willingness and ability to cater to the child’s special needs, which includes providing necessary medical treatments, therapies, or accommodations. The child’s medical and therapeutic needs, as well as how each parent can meet those needs, are also assessed. The availability of support services, such as respite care or specialized educational programs, is considered as well. Furthermore, the court takes into account how the divorce may potentially impact the child’s routines, relationships, and overall well-being.
In certain cases, the court may appoint a guardian ad litem or another professional to evaluate the child’s needs and make recommendations to the court. Additionally, parents may be required to create a comprehensive parenting plan that outlines how they will share custody and address the specific needs of their child.
Conclusion
If you find yourself contemplating a divorce and have children with special needs, it is crucial to seek the guidance of an experienced family law attorney. They can assist you in navigating the legal system, protecting both your rights and your child’s well-being. Although divorces can be challenging for families with special needs children, it is possible to achieve a positive outcome that prioritizes the child’s needs and ensures that both parents remain actively involved in their child’s life.