Divorce is complicated enough, but getting a divorce when you have a child with special needs can be more frustrating and scary. Even the most amicable divorces still impact the children, and those children with special needs are typically more affected. If you are preparing for a divorce in Maryland and you have special needs children, it is even more important that you retain a skilled Waldorf divorce attorney for assistance.

Individual with Disabilities Education Improvement Act

One thing to note when you are divorcing and have children who require special education is that there is something called the Individuals with Disabilities Education Improvement Act (IDEA 2004). This is a federal law that protects the rights of children with disabilities all across the country and ensures that the students are making progress in school. States are also free to enact their own special education protection laws. This is one reason why you need to retain an experienced Maryland family law attorney who has experience handling these types of matters.

Who has the Right to Make Special Education Decisions for Their Children?

Both state laws and IDEA state that parents are the main decision makers for their children. Those rights are retained at all times unless there is a state statute, court order, or another legally binding instrument that revokes the parental rights. When it comes to educational decisions for a child, special needs or not, the parent with legal custody or who has court-ordered rights on educational decision making will be able to challenge any school district action that applies to your child’s education.

Not surprisingly, disagreements between parents regarding their child’s education will come up as the divorce process goes on. This can lead to problems if the school is involved because it could wind up as a three-way dispute between both parents and now also the school. To avoid any issues in this regard, it is highly recommended that your divorce attorney has clear instructions in the divorce settlement agreement that states who has decision making authority when it comes to special education schooling.

When this information is missing, it only causes additional issues for both you and your ex-spouse as well. Experienced Maryland family law attorneys know the ins and outs of these matters and will ensure everything is spelled out completely and correctly.

One of the biggest topics that can lead to arguments is when one parent does not believe their child needs special education. One parent wants the child to remain in a specialized school, while the other does not believe it is necessary and wants the child back in the regular school system.

The potential problem here is that the school district may agree with the one spouse on removing the child, not because he or she does not need the education, but because of the expense of having the child in regular classes again. This is why it is so important that your divorce decree spells out who has the right to make decisions.

Contact a Maryland Divorce Attorney Today

If you have a child that requires special education, it is important to retain a Charles County divorce attorney who has experience handling these types of cases. Contact the Law Office of Robert R. Castro today at 301-870-1200 to schedule an initial consultation.