Getting divorced in Illinois presents unique challenges for every couple, but a couple who shares a child with disabilities will need to be prepared to handle common divorce scenarios with a little extra flexibility. Because the needs of a child with a disability are often more complex and demanding, parents will need to adjust their parenting plans accordingly. If you have a special needs child in Illinois and are preparing to get divorced, here are three areas you will need to negotiate.
Parental Responsibilities
Rather than use the term “custody,” Illinois now uses “parental responsibilities” to describe the rights of each parent to make decisions on behalf of a child. Children with special needs often require intensive, regular intervention from parents about essential issues like medical care, school choices, aftercare programs, and more. Parents often make these decisions together during marriage and shared parental responsibilities are common for special needs children following divorce.
Parenting Time
Like parental responsibilities, parents of special needs children often manage a child’s supervision needs together. But once a couple gets divorced, they no longer live in the same household and may require extensive supplemental childcare and support. Negotiating a fair and appropriate parenting time schedule is essential, not only for the child’s well-being, but also so parents can get the rest and support they need. Parents who work together are much more likely to find a satisfactory parenting time arrangement than parents who leave this decision to an Illinois court.
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