Every child custody case has factors that make it unique. Sometimes that can include a child’s physical, mental, or emotional condition that requires a little extra care and attention. Having a special needs child doesn’t excuse a parent’s responsibilities, but it can have a bearing on the child’s best interests, which is the main priority for family law judges when making rulings in Arizona custody cases. Parents can either work out an agreement on their own terms or let the matter proceed before the judge, who will make the ultimate decision regarding the child’s custody. Read on to learn more about special needs child custody cases in Arizona. If you want additional information from an experienced Phoenix and Tucson family lawyers, professional schedule your free consultation today at 480-263-1699. 

What Evidence Is Relevant For Special Needs Child Custody Cases?

There are certain types of evidence that are relevant in almost all child custody cases, regardless of any health conditions the child may have. But there are several situations that parents of a special needs child need to prepare for, especially in their custody agreements. There are several forms of documentation a parent can present during a custody dispute to support their arguments. Some of these include:

• The child’s IEP, or Individualized Education Program, with their local school 
• Detailed explanations of specialized care requirements, such as advice from medical providers, and information on how the parent will provide such care
• Scheduling and plans to get to and from appointments like physical therapy, counseling, and tutoring
• Information from care providers about how the child’s needs are likely to change 
• Communication strategies with the child’s other parent, like conflict resolution methods, especially if the parents have a history of being high-conflict 
• Emergency plans for unexpected events, e.g., if one parent is unreachable during their scheduled parenting time
• Information about the child’s relationships with anyone affecting their best interests, like friends, other household members, academic and extracurricular instructors, and other community members

Child’s Best Interest- Arizona Revised Statutes Section 25-403

A.R.S. § 25-403 is Arizona’s statute defining the factors affecting a child’s best interests for legal decision-making and parenting time. These are the two separate aspects of child custody in Arizona, which represent a parent’s right to make decisions for their child, and a parent’s right to spend time with their child. While any factor relevant to a case can be considered, there are 11 best interest factors laid out by § 25-403:

1. The past, present, and potential future relationship between the parent and the child. 
2. The interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings and any other person who may significantly affect the child’s best interest. 
3. The child’s adjustment to home, school and community. 
4. If the child is of suitable age and maturity, the wishes of the child as to legal decision-making and parenting time. 
5. The mental and physical health of all individuals involved. 
6. Which parent is more likely to allow the child frequent, meaningful and continuing contact with the other parent. 
7. Whether one parent intentionally misled the court to cause an unnecessary delay, to increase the cost of litigation or to persuade the court to give a legal decision-making or a parenting time preference to that parent. 
8. Whether there has been domestic violence or child abuse. 
9. The nature and extent of coercion or duress used by a parent in obtaining an agreement regarding legal decision-making or parenting time. 
10. Whether a parent has complied with chapter 3, article 5 of Title 25.
11. Whether a parent was convicted of an act of false reporting of child abuse or neglect. 

It’s clear to see how a child’s special needs could come into play with several of these factors. Avoiding upsetting routines is always a priority in child custody, and can be even more relevant with special needs children. The court might not consider the child’s opinion until a relatively older age if they have special needs. One parent’s schedule might not allow for providing special needs care, or could live in a household with other dependents who affect the child’s best interest. 

Will The Ruling Affect Child Support Obligations?

If you split custody of a special needs child with their other parent, there is a good chance that one of you will be ordered to pay child support to the other. A special needs child is more likely to have extraordinary expenses and require care later into life. Your child support determination will set a standard going forward, and absent life circumstances that reduce your financial situation as a whole, will likely only increase over time. It should also be considered that a parent may also be required to pay support for a special needs child beyond their 18^th birthday. Before taking into account special factors set forth by A.R.S. §  25-320, there are two main issues that affect a parent’s child support obligation: income level and parenting time. A parent who earns more will generally have a higher child support obligation, although this can be negated by having a lion’s share of the parenting time. This means that if your ex is fighting against you having custody, there could be an ulterior motive to increase your child support obligation. Your ex’s motivations won’t matter if they can prove why having custody could be in your child’s best interest in court. If your circumstances allow for it, you can retain a family law attorney to help you fight for 50/50 custody or more. Call 480-263-1699 to schedule your free consultation with our firm today. 

Learn More About Your Rights Under Arizona Family Law With Our Experienced Child Custody Lawyers

Family law attorneys aren’t always necessary, or play minimal roles, when two parents split amicably and agree on how custody and financial matters should be addressed moving forward. If you’ve found yourself on a family law firm’s website, you probably aren’t fortunate enough to be in that position. Proceeding with a divorce and/or child custody matter without skilled legal representation can be a risky task. Modifying family law orders is difficult and costly, if not entirely impossible. It’s crucial to get your message across the first time so your custody orders create your intended results for your family. Don’t make assumptions about what you are entitled to or what the judge will order based on what you have heard from friends and family. Your child’s special needs and other factors unique to your situation- including your ex hiring aggressive legal counsel- could tip the scales against you. Want to discuss your situation in detail with a knowledgeable and compassionate Arizona family law lawyer? Our office offers unbeatable divorce and custody legal representation across Phoenix and Tucson. We start the process by offering your 100% free consultation over the phone. Receive more information about how Arizona law will apply to your case as well as a competitive quote to retain our services. Our staff and attorneys are passionate about applying Arizona law to deliver our family law clients positive results. Schedule your free consultation today by calling 480-263-1699.

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