Given today’s challenging lives, set against an ever-evolving social landscape - keeping up a marriage is indeed a problematic affair. In fact, in Delhi itself, the divorce rates have doubled - reaching almost 12000 per year in the last four years. Connect with any reputed lawyer in Delhi who is categorically known for handling divorce cases; they will state the same for you. Having said that, amongst many, if there is one casualty of an incongruent divorce, then that is children with special needs. From their custody demands to their financial requirements - a host of issues have to be taken into consideration.
This post will give you a detailed idea about the issues that specially abled kids have to face when it comes to dealing with their parents divorces and how a qualified lawyer can help them through.
What kind of support do they need in custody disputes?
When you hire the best lawyer for divorce in Delhi, they are in more than a singular case, capable enough to handle the custody proceedings as well. However, unlike the regular custody cases, the ones that have children with special needs work out differently.
Let us briefly explain to you what kind of support these kids require out of a custody case as such -
- Healthcare requirements
For starters, when talking about custody disputes that involve kids with special requirements, their healthcare and the concerned monetary aspects related to that comes at the top! In fact, multiple surveys have found that most kids facing such custody cases, do not even get the required monetary help for their healthcare needs.
- Their Educational Requirements
Another crucial point to remember is taking care of their educational requirements. Connect with any credible lawyer in Delhi, who has handled such cases, and you will get to hear how their academic requirements are not met due to lack of money from the concerned parent.
The National Center for Education Statistics (NCES) reports that approximately 14% of public school students receive special education services under the Individuals with Disabilities Education Act (IDEA). Therefore, you must be cautious about the same and definitely ask for what your child deserves.
- Emotional support
Another point that you have to keep in mind for ensuring a seamless transition is - how to ensure that despite the mess, there is no lack of emotional support for the kids. It is crucial that under every circumstance, especially in such disputes their emotional backbone must not get affected whatsoever.
- A need for stability in their lives
Lastly, the child custody lawyer Delhi, will clearly update you on the exact kind of support that such kids require on a daily basis. More than regular kids, they require utmost stability in their lives and a usual consistency that makes their life extremely ordinary and routine.
These are some of the key considerations that such special kids require, and while discussing custody issues, you (and the lawyer) need to base the rest of the case on these features.
What to consider when dealing with such custody cases?
When dealing with such types of custody cases, the best lawyer for divorce in Delhi will consider certain factors. As an involved party, you, too, need to look into these aspects in one go! Let us share the same with you -
What are the child’s immediate and later needs?
The first point of contention is - the child’s current and future needs. This is crucial because it is depending on this basic aspect that the final layout for the agreement and negotiation is to be made.
How is the parenting plan to be made?
An ideal parenting plan is made - depicting the duty of the parents towards the kids and ensuring that they get the equal love and care of both the parents, despite the differences.
What will be the role of each parent?
This is a key question to consider when talking about such kinds of custody cases. Roles and duties are made accordingly, cross-verified and only then carried forward in the case of further negotiations.
How much flexibility will be there?
Lastly, it is crucial to note the level of flexibility that will be allowed to both parties, given that this custody case vastly differs from others of the same type. Whether it is establishing protocols or adjusting to routines, it is important to deal with each and every aspect.
Strategies for resolving such custody cases
Given that the best lawyer for divorce in Delhi will strategize everything as per the legal process to ensure the child’s complete care, here are a handful of strategies that they will undertake (and you, too, will be party to) when it comes to resolving such cases. Let us give you a list of those techniques right away -
- Mediation and collaboration are the only ways out. In general, divorce and custody cases are messy, and with kids who have special needs involved, without a doubt, can become way more complicated untowardly. Hence, both parties must cooperate, mediate, and collaborate to ensure that the whole process is sorted peacefully and the kids do not get affected in any way.
- Documentation is the key to success. Without a doubt, when things are written on paper, whether it is - medical or academic records, or even communication logs and whatsoever, the chances of confusion is reduced drastically! The Journal of Family Psychology highlights that clear records of communication can help resolve disputes and ensure consistent care.
- Focusing on the child’s best interest is the last factor that you must note. At the end of the day, despite what the parents might have to say about each other, or however big their differences might be, there’s nothing that must come in between taking care of the child. The lawyer, while strategizing and coming up with solutions, categorically focuses on this context to make things easier and simpler for both parents.
These are some of the most common techniques that most lawyers take into consideration when resolving such cases.
Understanding the legal proceedings of this case
Unlike the regular custody cases, this one is quite different. Hence, you need to understand well from a child custody lawyer Delhi, as to how this case will proceed in due course of time. Let us briefly update you on the specifics of the same -
- The legal framework of this case
For starters, quite like the US Individuals with Disabilities Education Act (IDEA) - even Delhi High Court has its own set of rules and regulations with respect to such cases. Therefore, you must follow those guidelines when dealing with such sensitive matters.
- Considerations of the court
In this case, your lawyer has to, as per the policy set forth by the National Council on Disability (NCD), present expert testimony as well as robust proof detailing the needs of your child. Herein, a detailed idea about the special child’s requirements will be provided along with the set of proposed arrangements that are to be made accordingly.
- Negotiation and Settlement Process
This is the final step wherein detailed negotiations are made, and based on multiple criteria, the child custody lawyer Delhi takes into account the final arrangement that is made. This is a sealed arrangement - that includes every detail, from personal aspects to financial precisions and it is based on this that the further settlement process will be carried out.
For those of you involved in such kinds of complex custody issues, it is best to have a detailed idea about the whole process and comprehend the numerous facets of this type of case, vis-a-vis the others that we often get to see.
Conclusive Thoughts
Given that custody disputes that involve children who have special requirements are complicated affairs (way more than the standard dispute cases), it is imperative that you need a qualified and noted lawyer in Delhi to handle the proceedings of this case. Having said that, it is important that you search for such legal professionals/firms and do their background checks very well before you move ahead and connect with them for your case details.