Special Needs Children: Custody, Support, and Guardianship in Maryland

Families of special needs children face unique challenges that can add nuance to divorce cases. Custody, child support, and guardianship issues may arise sooner than they would in cases that involve neurotypical children. While Maryland law addresses these complications, it is not uncommon for parents to feel lost and overwhelmed when attempting to find state-specific guidance.

Ultimately, the goal of the court system in Maryland is to determine the framework of care that will be most beneficial to the child. Knowing how Maryland courts view custody and special needs children can help parents set better expectations for how their divorce case will be handled.

Custody considerations for special needs children

As with most states, custody decisions in Maryland are determined by what is in the best interest of the child. A child with special needs will have other factors the court must consider, such as therapy, medical care, and specialized schooling. The court will want to make certain that the parent who has custody is willing and able to meet the needs of the child consistently, while the other parent still has meaningful access to the child.

A child’s diagnosis does not automatically determine custody, support, or guardianship, but it is a consideration the court will use to shape the parenting plan. For instance, if one parent can attend the child’s therapy sessions and manage medication consistently while the other parent is frequently out of town on business, the court will use this information in determining how best to proceed.

The court may tailor visitation schedules when a child’s special needs require additional flexibility. There may be more flexibility offered to accommodate appointments and therapies. The court will want to ensure that both parents have the access they need to support the child to the best of their abilities. Allowing the schedule to be more flexible prioritizes the needs of the child instead of adherence to a strict schedule.

Special needs children and child support

Maryland courts may account for certain additional expenses for a child with special needs, including extraordinary medical expenses and, in some cases, special education or childcare costs.

Maryland courts also understand that child support amounts may need to be adjusted. As a child grows, their care needs will change. As a parent, it will be important to give the court clear documentation to help support these requests. The court relies on the opinions of doctors, therapists, and educators to provide evidence of new or continued care needs.

Finally, child support obligations don’t automatically end when the child turns 18. In Maryland, support may continue after age 18 for a destitute adult child who cannot be self-supporting because of a mental or physical disability. This particular caveat often surprises parents, but with clear legal guidance, parents can plan and prepare for the future with less stress.

Guardianship planning

Parents of special needs children may also need to consider guardianship. In Maryland, a child is considered an adult at age 18. However, for special needs children, it may not be possible to manage their personal finances, provide for, or care for themselves by this age. As such, parents may establish guardianship to protect the continuity of their care into adulthood.

There are two types of guardianship in Maryland. Additionally, two people can be appointed as co-guardians of the same person.

• Guardianship of the person. This refers to a person who is authorized to make decisions about another person’s medical care, shelter, or daily needs.

• Guardianship of the property. This refers to a person who can make decisions about another person’s property, and usually involves financial decisions.

Parents of special needs children can petition the court for both types of guardianship. Transition planning is important, especially as the primary caregivers (usually one or both parents) age. The court will want to consider the least restrictive agreement that still protects the child’s best interests. Maryland courts may consider less restrictive alternatives to full guardianship, including limited guardianship and other supported decision-making arrangements where appropriate.

Combining custody, support, and guardianship

Child custody, support, and guardianship are all interconnected. Decisions about custody influence which parent is responsible for daily care, which directly impacts child support calculations, and may shape future guardianship agreements. Maryland courts consider all three aspects together and make the decision that supports the best interests of the child. The ultimate goal is to help the child thrive at every age.

Parents of special needs children who are involved in a separation or divorce proceeding should document daily routines, care requirements, and financial obligations so that the court can make the best decision about the child’s future. Having an experienced attorney can help parents take a careful inventory of their routines and help them set reasonable expectations.

Having legal representation can mean fewer headaches and the potential for fewer emotionally-charged disagreements later. Attorneys can help parents better understand the legal process so they know what to expect from beginning to end.

Practical guidance for families

As parents, it’s easy to find yourself frequently overwhelmed by schedules, appointments, and ongoing care. Adding a legal battle to your plate can be taxing on both you and your special needs child.

At McCabe Russell Divorce and Child Custody Lawyers, we aim to ease the burden by guiding you through the process with compassion and communication. We understand Maryland law and how it applies to families of special needs children. Our team of attorneys can review your case and anticipate potential challenges before they arise, helping you develop a practical strategy that is best for your family.

Whether addressing complicated support calculations or determining who is best suited for custody and guardianship, our family works diligently to help yours thrive. Through information and support, we empower parents to make the best decisions for their children and for themselves.

Contact us today to learn how we can serve you.