Disabled Children in Atlanta: Who Gets Custody?

Disabilities are on the rise among Georgia’s children. This can be difficult for parents, and in some cases, these challenges lead to relationship issues. Although parents might never admit it (particularly to their own children), a disabled young one can easily lead to divorce. Unfortunately, the disability of your child might continue to complicate your life even after the divorce. Who gets custody of a disabled child in Atlanta? What kinds of special issues might this situation pose?

Are Disabled Children Common in Georgia?

The College of Coastal Georgia (CCGA) states that over 13 percent of all public school students in grades K-12 attend special education. While not all of these children may be defined as “disabled,” this statistic gives you an indication of how common disabilities have become among Georgia’s younger generations.

The point is that as a parent raising a disabled child, you are not alone. Many parents have had to go through the same challenges, including custody proceedings during divorce. The State of Georgia is familiar with the unique issues that might arise during these custody proceedings, and it has distinct laws that protect families.

Custody of Disabled Children May Be Permanent

Normally, child custody agreements lose legal enforceability when children reach adulthood. This is usually at the age of 18, although it might occur later if the child does not graduate from high school before reaching this age. A child might also become “emancipated” before they turn 18.

In the case of a disabled child, however, a parent might never lose “custody.” A parent may be permanently responsible for caring for their young one in this situation. In the eyes of the court, the disabled person may never become independent. As a result, the parent must continue to care for the adult child and fund them for the foreseeable future. In many cases, this responsibility lasts for the rest of the parents’ lives. As a result, parents should know that these custody proceedings could have lasting effects.

The Court May Consider Unique Factors When Determining Custody

The court may also consider factors that do not normally matter during normal child custody proceedings. For example, the court may consider the child’s access to special education. If one parent lives closer to a school with a special education program suitable for the child, that parent might be more likely to gain custody. Courts may also consider whether one parent is more knowledgeable about the disabled child’s unique challenges.

Can a Child Custody Lawyer in Atlanta Help Me?

A child custody lawyer in Atlanta can help all parents, including those with disabled children. The custody proceedings that you’re approaching could affect you for the rest of your life. After all, a disabled child might require guardianship and funding for the foreseeable future. Each of these situations is unique, and online research may fail to provide targeted answers. Continue this discussion with Buckhead Family Law today.

Source:

ccga.edu/reg-murphy-publications/serving-students-with-disabilities-in-american-public-schools/