he now has severe psychiatric issues on top of his learning disabilities and I have severe psychological/psychiatric problems as well because of the bloody teachders and judge that let us down. My concern is the arrears in support, retirement, and 401K, that is set split in the divorce. Dad earned $60K+ per year and finagled $15.00 per week in child support for years. Even though I have zero earned income, I was told by the State that I don’t qualify for food benefits, I “make” $300 too much to be eligible. I’ve been told it could take up to 90 days for a new hearing to take place. My ex husband and I divorced when our son was 4. My attorney said the court will not address our visitation schedule because of his age, saying “It’s up to him if he goes to his dad’s or not.” Is there any exception to this where a court would be willing to address this situation given the fact that my son is developmentally around 4 and lacks the expressive language skills to really voice what he wants? I am looking for a lawyer to help me with my custody battle for my special needs daughter who is 2. He provides healthcare for my child but when asking to change her name for it to match medicaid he said I needed to choose his insurance or medicaid. father has 35% I have 65%. . My mom has tried over and over just to talk to him. Even if you go with a professional for help you need to educate yourself as much as possible to ensure that you’re getting what you should be getting from that professional. If you are both the caregiver for your child and financially dependent on your spouse because of it, you may feel trapped and like you have no options. You might consider contacting your state agency that handles disabilities. He never pays for anything other than support. I have no rights when talking to the trust because I am not his l guardian. He left his job and moved to Mississippi with his girlfriend. It will not give you full custody, but it will help when it comes to having control over the enormous issues and services you need for your son. He never alerts me to problems, he has no part in her schooling, health care of anything, he barely asks. Now I need a wheelchair accessible van as well. My son is 21 (Aspergers) . That is the last thing you need to worry about. Or do I tell my lawyer that I don’t care what she thinks the judge will do and file for full legal? We had mediation on Monday and we have court set for August 31. What are my options???? Dad was abusive; we divorced, I took the “high road” – He hated me more than he loved his child, I loved my child more than I hated him . is an ADHD child with a school 504 document classified as a special needs, My husband has a special needs child to which CSA payments are being made yet still cannot see the child. What kind of lawyer in the San Francisco Bay Area can you recommend I seek? On 2/21/18 I left and filed for divorce. He asks me to help him do his taxes, do his papers for work, and many other things. As part of your divorce, make sure you consider globally what your child’s special needs are and have your attorney walk you through a “day in the life” of caring for your child. he resented them and wished that we had divorced 15 years prior so the youngest did not exist. Hello, my son is 8 years old and has Down Syndrome. State laws vary greatly with regard to the right to initiate proceedings. Looking for an attorney who can tell me why his father’s and step mother’s rights are more important than mine? Links to go to? As a result my disabled children are suffering. Since caring for your child with special needs may extend well beyond age of majority, you need to tailor your divorce agreement for the long-term. Many daughter got a guardian ad litem who did no research and passed along to the judge a third party who is now her guardian. I had primary physical custody for 17 yrs, relinquished custody to dad so that moderately cognitively impaired daughter could complete senior year at HS. I’m seeking counsel. My daughter in law does not want these boys she just does not want to pay any out of pocket expence on her end. How do I approach this as I have very little contact with her. I am told my ex will have total control of my daughter and can refuse visitation if my ex does not want her to visit me. I am getting a divorce and still need some financial help. In fact, trying to preserve stability for your child might also motivate the courts to award you more in a property settlement for divorce as well if you have primary custody. I give him structure and stability, consistency. Hi, unfortunately during my divorce I could not get the small town attorneys to address my daughter separate from her brothers. He also bought him a winter coat. Need more information? Ditto concerns for retirement and arrears, do any of these come out of his benefit? I also have other chronic health conditions. I was his care provider and his constant parent. I don’t work full time ! My daughter has lived with me her whole life. what can i possibly do? De-Spike court orders, active health insurance and multiple encouragement by myself, sadly my ex-spouse has willfully not taken our child for over a year. Martha, if your situation has not yet been resolved: you should report this situation to the fraud unit of IHSS immediately. So he came and picked him up and once again my son refused to go but he pushed him. It’s really sad and the courts don’t seem to recognize Father’s Rights around here, because they value Mothers so much more here, and that could lead to the demise of their son. But it says on the wavier that the elagiblity is on the Childs income. Should I Disinherit a Child with Special Needs? I hsve 5 other kids and work full time. They have twin sons one of which has autism. Good luck. But, she has joint custody. Effectively channel support obligations and parenting plans in the divorce settlement to provide for more quality of life expenditures for the child. Getting divorced, mom moved out the house and left with a son with autism and a 21 year old daughter with schizophrenia and currently I am her conservator after being found gravely disabled beyond a reasonable doubt. His dad and I became his legal guardians shortly before he turned 18. He is semi non verbal, has seizures and just learned to walk 3 years ago. Judge is biased and not interested w the ASD my son has. The adult day care had to call a meeting with her and me to discuss Jacob’s health. I need help on this…my son has special needs from a auto accident 18 years ago….he will be turning 18 this September….and the thing is, his dad and I aren’t together at all…and we live in separate houses and I am remarried….and my son lives with me…so when applying for guardianship of my son….I am appointing myself as guardian over him….his dad wants to be guardian also….and wants me to put his name on the guardianship papers….do I have too??? Do as homeowners have any rights in this matter? A special needs planner can work with you, and your divorce attorney, to arrive at a support award that is fair and preserves your child's benefits at the same time. What does all of this mean for a parent of a child with special needs? We are going through forensic analysis as of now and bankruptsy. The Hearing Officer ruled in my favor, granting me spousal support, me retaining the vehicle, no fault & Jeff retaining property.