Divorce and the Special Needs Child : A Guide for Parents

by Price, Margaret Pegi

• ISBN13: 9781849058254
• ISBN10: 1849058253
• Format: Paperback
• Copyright: 2010-06-15
• Publisher: Jessica Kingsley Pub

Summary

The author guides parents through the initial hurdles of choosing the right lawyer for their case, and explains exactly how to work with them to achieve the best possible outcome for all concerned. From agreeing upon child custody arrangements that meet the particular needs of the child, to making provision for child support payments, gathering together the documentation needed to prove a case, and dealing with financial issues such as debts and property distribution, no aspect of divorce is left uncovered. A set of checklists is included to ensure that parents consider everything they need to, and the book concludes with a useful list of further resources.

Author Biography

Margaret Pegi Price is a family lawyer who specializes in divorces involving special needs children. She is a past Chair of the Family Law Section of the Bar Association of Metropolitan St. Louis, and a member of AFCC (Association of Family and Conciliation Courts) and the NCFR (National Council on Family Relations). She is also the author of The Special Needs Child and Divorce, published by the American Bar Association.

Table of Contents

Disclaimer	p. 10
Note	p. 11
About the Author	p. 12
Preface	p. 14
Your Child's Special Needs	p. 15
Types of special needs and disabilities	p. 18
Why does this matter in divorce court?	p. 33
Impact of divorce on special needs children	p. 35
How to Hire a Good Divorce Lawyer for Your Special Needs Case	p. 37
Choosing your divorce lawyer	p. 37
Finding good candidates	p. 38
The interview	p. 39
The lawyer's approach and personality	p. 47
The lawyer's credentials	p. 49
Expectations	p. 50
Office procedures and practices	p. 50
How Does a Case Go through Divorce Court?	p. 53
Overview of family courts	p. 53
The first documents filed with the court	p. 55
Additional documents filed with the court	p. 70
Temporary orders and other motions	p. 71
Orders of Protection	p. 71
Court meetings or conferences	p. 72
Discovery	p. 73
What you need to know before the first court date	p. 78
Settlement or trial	p. 78
What Is Different about Your Case?	p. 81
Child custody and visitation	p. 81
Child support	p. 81
Alimony (maintenance or spousal support)	p. 82
Property distribution and retirement accounts	p. 82
Guardian-ad-Litem	p. 83
Expert witnesses	p. 83
Proving your case to the court	p. 84
Parenting Plan	p. 84
Settlement Agreement	p. 93
Judgment of Dissolution	p. 105
Child Custody and Visitation	p. 109
Custody factors	p. 109
Visitation factors	p. 113
Unique custody and visitation factors for a child with special needs	p. 114
Child Support	p. 121
Current expenses	p. 123
Therapy, equipment, and medications	p. 124
Supplements, dietary costs, and sensory items	p. 124
Respite care	p. 125
Professionals	p. 126
Home modifications	p. 127
Future changes in the child's condition or needs	p. 127
Alimony (maintenance or spousal support)	p. 131
Primary caregiver's job future	p. 131
Primary caregiver's future retirement savings	p. 133
How the noncustodial parent can help	p. 133
Property Distribution and Retirement Accounts	p. 135
How do we split up the house and other property?	p. 135
What should we do about the debts?	p. 138
How do we handle the retirement accounts?	p. 138
How You Can Help Your Lawyer Get the Best Result	p. 141
Reasonable expectations	p. 141
Be cooperative, not confrontational	p. 142
Collect medical and educational documents	p. 142
Help educate your lawyer on your child's special needs	p. 143
Get evaluations and reports	p. 143
Guardian-ad-Litem	p. 144
Expert witnesses	p. 146
Translate the jargon for your lawyer	p. 146
Tying up Loose Ends	p. 149
Share information	p. 152
Sign releases and authorizations	p. 152
Papers to sign	p. 153
Car titles, mortgages, and quitclaim deeds	p. 153
Bank and financial accounts	p. 154
Employers and insurance	p. 154
Retirement accounts	p. 154
Schools, daycare, therapists, and doctors	p. 155
Life after Divorce	p. 157
Your new reality	p. 157
Two households and visitation	p. 158
Less money, more expenses	p. 158
Future relationships	p. 159
Protecting your child	p. 159
What to Do When Things Change in the Future	p. 161
When can the court help me in the future?	p. 161
What should I do then?	p. 161
Checklists	p. 165
Sample Documents	p. 175
References	p. 213
Bibliography	p. 215
Resources	p. 229
Glossary	p. 273
Index	p. 279
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