What are my custody rights as a single mom with a special needs child?

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What are my custody rights as a single mom with a special needs child?

I have been separated for a year from my husband(final decree papers are expected this week). My ex and I have shared custody of our 7 year-old autistic son. I have come to the point where I feel our son needs to be in my care at lease four or five days out of the week due the need for consistency and structure. I work a full-time job and pay for all of my own bills. My ex does not. His parents take care of most of his needs as well as those of my son when he is with his father. What are my rights to getting custody of him during the week? What if I decide to fight for full custody?

Asked on October 28, 2010 under Family Law, Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally speaking the courts prefer that parents work out the custody agreements between them and they favor joint custody of the children, especially with regard to decision making.  That being said, each case is decide on its own merits and the one resounding phrase that can be heard in all decisions is that what is decided is decided in the best interest of the child. If you can indeed prove that what you want is in the best interest of your child under the circumstances then seek modification of the agreement.  You do not intend to deny your ex husband his parental rights you just want what is best for your child.  You are going to need a great deal of support here from psychologists and teachers and lawyers.  Good luck.


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