Law Offices of Indu Srivastav, APLC
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If your child has special medical needs, be fair with custody

When your child lives with a medical condition, there's no question that they'll live a different kind of life. They may need additional medical support or need your care for as long as you can provide it.

When you divorce and have a child with medical needs, it's important that you and your spouse have a good discussion about your child's condition and how you're going to handle things. If it's difficult to move them between houses, for example, you may need to settle on a primary custody arrangement, where one of you is there to care for them the majority of the time and the other has visitation rights.

You also have to consider who can take care of your child with special medical needs best. If your child has expensive medical care and needs health care coverage, the parent with this coverage should provide it. If one parent works too much to care properly for their child at home and the other has the time to do so, that should be considered carefully.

Of course, if your child can move between homes more easily, then you both should discuss how often to do so and how to obtain duplicates of important medical equipment. For example, if your child has severe asthma and allergies, you may need two nebulizers, extra Epipens and rescue inhalers for both homes.

If you cannot agree on custody, a judge will decide what is in your child's best interests. Our website has more on what you need to think about if you are trying to set up a parenting and custody plan for your child.

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Law Offices of Indu Srivastav, APLC
1400 N. Harbor Blvd., Suite 601
Fullerton, CA 92835

Phone: 714-515-5008
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