Special Needs Custody

Special needs is a catch-all phrase that refers to a long list of disabilities and diagnoses. “Children with disabilities” refers to those ranging in age from 2 to 21 who have a serious emotional disturbance, an intellectual disability, a physical disability, speech impairment, hearing or sight impairment, or multiple instances of health or disability impairment. The law expressly identifies autism spectrum disorder (ASD) and specific learning disabilities and includes children defined as disabled by the Board of Education as well as those who require special education due to their impairments.

When determining custody for special needs children in divorce cases, courts prioritize the child's best interests, aiming to maintain their standard of living and stability. The goal is to ensure meaningful relationships with both parents and family members. This involves promoting the child's happiness, mental health, security, and emotional development. Family law seeks to meet the child's needs while supporting their sense of security and safety, often aiming for relationships with both parents and other relatives. However, considerations include whether these relationships may negatively impact the child's development, such as disruptions to routines. This process can be complex and contentious in divorce proceedings.