Developing a parenting plan for a child with special needs requires additional considerations to address the child’s well-being. A traditional parenting plan might not account for the unique medical, educational, and emotional requirements of a child with disabilities. Parents must create a comprehensive plan that supports the child’s daily care, therapy needs, and future planning. Illinois law requires that custody and visitation decisions prioritize the best interests of the child under 750 ILCS 5/602.7, which applies to children with special needs as well.
An effective parenting plan states all of the responsibilities related to medical care, education, and financial support. Children with special needs need a structured routine, specialized schooling, and regular medical treatment. These issues should be addressed in the parenting plan. Courts recognize that flexibility is necessary, but the plan must also ensure that both parents meet their obligations. Working with a parenting plan attorney helps to avoid disputes and protect the child’s long-term needs.
A child with special needs may require ongoing medical care, therapies, or specialized treatments. The parenting plan should address the following:
Many children with disabilities require Individualized Education Programs (IEPs), specialized instruction, or additional accommodations. The plan should establish:
Transitions between homes are difficult for children who suffer from sensory processing issues, autism, or other conditions. Parents should consider:
Children with disabilities may require long-term financial support, even beyond childhood. The parenting plan should clarify the following:
Illinois law prioritizes the best interests of the child under 750 ILCS 5/602.7, which includes medical, emotional, and educational needs. Courts consider these factors when determining parental responsibilities and decision-making.
Yes, under 750 ILCS 5/505, courts can modify child support to cover additional medical, therapy, or educational costs required for a child with disabilities.
If a child remains dependent due to a disability, Illinois law under 750 ILCS 5/513.5 allows courts to extend financial support beyond childhood. Parents may also consider guardianship or setting up a special needs trust.
A parenting plan should specify who will make major medical decisions and how parents will share responsibilities for appointments, medications, and insurance coverage.
Yes, if one parent can provide a more stable environment for the child, the court may award primary residential custody under 750 ILCS 5/602.7 while ensuring the other parent remains involved.
If a child’s medical or educational needs evolve, parents can petition the court to modify the parenting plan under 750 ILCS 5/610.5 to reflect updated caregiving requirements.
Parents should consult an attorney about structuring child support payments to avoid interfering with Supplemental Security Income (SSI) eligibility. A special needs trust may be a solution.
Creating a comprehensive parenting plan for a child with special needs requires careful legal planning. At Gordon & Perlut, LLC, we help parents develop clear and effective parenting agreements that meet their child’s needs and comply with Illinois law.
Contact our Skokie parenting plan attorneys at Gordon & Perlut, LLC to schedule a free phone consultation when you call our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101. We serve clients throughout Illinois, helping parents protect their children’s future with thoughtful and legally sound parenting plans.