5 Things to Think About if You're Getting Divorced with a Special Needs Child

 Posted on August 10, 2025 in Child Custody

Divorce changes every part of family life, but for parents of a child with special needs, the transition carries an added layer of considerations. Standard parenting plans and support orders are rarely enough; you need a plan that considers the day-to-day realities of caregiving and the long-term care your child will need well into adulthood.

At The Foray Firm, our Joliet, IL divorce attorneys work closely with parents navigating divorce and disability. Our mission has always been to help all families preserve dignity, stability, and peace through even the most difficult transitions. Below are five essential considerations to keep in mind if you are divorcing with a special needs child in Illinois.

Standard Parenting Time May Not Fit Your Child’s Needs

In Illinois, parenting time and decision-making responsibilities are determined based on the best interests of the child. For children with special needs, this often means rethinking what "best interest" really looks like in practice.

A typical custody arrangement may not work for a child who thrives on routine, requires medical equipment, or receives daily therapy. The parenting schedule should reflect your child’s real-life needs, not just what is common or convenient. One parent may need to assume more day-to-day caregiving while the other contributes in other ways. Clear, thoughtful documentation is critical in these cases.

Child Support Might Last Well Beyond Age 18

In most Illinois divorces, child support ends when the child turns 18 or graduates from high school. But under 750 ILCS 5/513.5, courts can order parents to continue supporting an adult child with disabilities who cannot live independently or support themselves. That support might include financial contributions, medical costs, or continued coverage under a parent's health insurance.

The key is to address this during the divorce. Do not assume the court will know what your child needs without clear evidence. If the issue is not raised early, you may need a costly and difficult modification later on.

You May Need to Avoid Direct Payments to Your Child

Some children with disabilities may be eligible for government benefits like SSI or Medicaid as adults. However, receiving child support or property directly can disqualify them from those programs. To avoid that outcome, families can set up a special needs trust, which holds money for the child without jeopardizing benefits.

This is one of the most overlooked areas in family law, but it matters a lot. If a support obligation is drafted improperly, your child’s essential services and medical coverage could be lost. You should work with both a family law attorney and an estate planner who understand the intersection of divorce and disability.

Decision-Making Authority May Need to Extend Beyond 18

In most cases, parental decision-making ends when a child becomes a legal adult. But many special needs children will require continued advocacy into adulthood. In those cases, the court can grant one or both parents guardianship of the child after age 18.

It is important to begin thinking about this transition during the divorce process. Who will attend IEP meetings? Who will manage medications or coordinate care? Who will advocate with service providers or insurance companies? These roles should be considered now, not left to guesswork later.

You Are Still a Family, Just in a New Form

Divorce does not erase the shared responsibilities you have as parents. If anything, raising a child with special needs after divorce demands even more communication, consistency, and cooperation than before.

Our firm approaches each case with respect for the family as a whole, not just as a legal conflict. We work with parents in Orland Park, Joliet, and beyond to build lasting, customized agreements that serve not just the child’s legal interests, but their human needs: stability, dignity, and care.

Contact a Joliet, IL Divorce Attorney for Families with Special Needs Children

If you are considering divorce and have a child with special needs, contact an Orland Park, IL child custody lawyer at The Foray Firm to discuss your options. We are committed to helping families move through divorce with strength and integrity. Call 312-702-1293 to schedule a consultation.