According to the National Center for Education Statistics, approximately 15% of all children in the United States receive special education. The Annie E. Casey Foundation states that in Illinois, approximately 9% of children are autistic – while almost 35% have some kind of learning disability. These statistics show that when parents divorce in Chicago, they often face specific challenges regarding special needs children. Co-parenting plans should meet the unique needs of each child, and this certainly applies to those with special needs. How exactly should parents approach co-parenting plans with special needs children? This is a subject many divorcing parents choose to explore alongside experienced child custody lawyers in Chicago. To continue this conversation, consider scheduling a consultation with our compassionate legal team at Johnson O’Keefe by calling (312) 319-4444.
How Best Interest Factors Affect Special Needs Children
In Illinois, family courts consider various “best interest factors” when making decisions about child custody. Section 602.7 of the Marriage and Dissolution of Marriage Act lists 17 best-interest factors, including things like the distance between family homes and past instances of abuse. In the context of special needs children, two factors may be particularly important:
The Child’s Adjustment to His or Her School and Community
When considering co-parenting outcomes, family courts in Illinois may consider the educational journey of a child with special needs. A judge might assess whether a child is currently participating in a specialized educational program that targets their specific needs. For example, an autistic child may be making significant progress with a certain resource teacher at their current school. Alternatively, a child with dyslexia may be showing signs of improvement while participating in a community-based tutoring program after school.
Whatever the case may be, family courts may strive to maintain these school and community connections to create appropriate co-parenting plans. This may cause a child to spend more time with a parent who is better able to maintain these connections. For example, one parent may live closer to the relevant school or community center – or they may have more time to transport the child to certain learning programs. However, this best interest factor does not necessarily mean the child will remain in their current family home. A parent could successfully argue that the child should relocate to a different neighborhood or county in order to benefit from specialized learning programs in that specific area.
The Mental Health of the Child
Another best-interest factor under Section 602.7 is the mental health of the child. Family courts may consider specific mental health disorders of children to determine the most appropriate co-parenting plans. Some mental health disorders make children extremely averse to change. For example, children with autism or obsessive-compulsive disorder may refuse to use crayons of certain colors or eat certain foods. The National Autistic Society states that some autistic people “display repetitive behavior,” and these individuals may become obsessed with following fixed routines. Even for children who do not have special needs, a divorce represents a destruction of stability, normal routines, and predictable futures. For children with certain mental health disorders, this disruption can cause severe stress and mental anguish. As a result, it may make sense to keep some special needs children in their current home with minimal custody exchanges.
The mental health of a child may affect co-parenting plans in many other ways. Parents with more free time may gain an advantage during custody disputes if children need regular medical treatments and therapy. For example, one parent might be busy throughout the week with a full-time job. The other parent may only work part-time, and they may have more time to transport the child to treatment centers or communicate with healthcare providers. Children may face a wide spectrum of mental health disorders, and each diagnosis can affect co-parenting plans in different ways. To discuss how a specific mental health concern might affect custody, consider a consultation with Johnson O’Keefe.
Can I Create My Own Special Needs Co-Parenting Plan?
Parents often understand the special needs of their children better than anyone else. To think that a family court can make final decisions on co-parenting plans could be worrying for some parents, especially as many judges spend only a few minutes learning about a child before legal proceedings begin. Parents should know that litigation is not always necessary when planning for their special needs children, and they can create co-parenting plans through “alternative dispute resolution” or “ADR.”
A common form of ADR is “mediation,” which involves a neutral third party guiding parents toward outcomes that serve the best interests of the entire family. During these private discussions, parents may work together, compromise, and formulate a co-parenting plan. This process is often cheaper and less time-consuming than litigation, and it gives parents the flexibility to address specific challenges of raising special needs children after divorce. Parents may have unique insights into these challenges that judges lack. With a mutual understanding of key child-raising issues, parents may make effective final decisions when it comes to custody.
Mediation of Special Needs Disputes May Be Mandatory
While mediation is a voluntary process, it may be mandatory if parents cannot agree on how to create co-parenting plans for their special needs children. According to Rule 905, disputed child custody cases must go through mediation before proceeding to trials. In effect, this means that almost all divorcing parents will at least attempt mediation when resolving issues related to special needs children. However, mandatory mediation may still fail – especially if parents have completely different ideas on issues like special needs. Litigation may be the only remaining option in this scenario.
Contact the Compassionate Chicago Family Law Attorneys at Johnson O’Keefe To Learn More
While special needs children pose distinct co-parenting challenges, many other important subjects may be worth discussing while creating co-parenting plans. Along with educational needs and mental health, other best-interest factors could play a role – including parental alienation and the preferences of each child. In many cases, the most important factors depend on the unique circumstances of each family – factors that an online article may not describe in detail. In order to address these potential gaps, parents often discuss the specific needs of their children alongside child custody lawyers in Chicago. During these discussions, parents can touch upon learning disabilities, educational needs, and many other important subjects. To continue this conversation, consider calling Johnson O’Keefe at (312) 319-4444.