By Attorney Brandy Thompson
Raising a child with special needs often involves additional planning, structure, and collaboration. When parents separate or divorce in and around Oakland County, Michigan, custody cases involving children with special needs can be complex. Decisions about medical care, therapies, schooling, and Individualized Education Programs (IEPs) require careful attention. In Oakland County, Livingston County and across Michigan, our family courts must ensure that custody arrangements and parenting time plans consider the child’s unique educational and medical needs.
Michigan Law and Custody Standards
Oakland County family judges decide custody based on what is in the best interest of the child. Under Michigan law (MCL 722.23), courts must evaluate a set of 12 legally defined “best interest factors,” including the child’s medical and educational needs, the parents’ ability to provide stability, and each parent’s willingness to cooperate in decision-making.
In cases involving children with special needs, the family court judge looks closely at:
- Which parent is more involved in medical appointments, therapy sessions, and IEP meetings.
- Whether the parents can cooperate on major decisions, especially when disagreements arise over treatment or education.
- The stability of the child’s environment, including consistent access to healthcare providers, therapists, and special education services.
Decision-Making Authority: Joint vs. Sole Legal Custody
Parents in Oakland County, Macomb County, and throughout Michigan may be awarded joint legal custody (MCL 722.26a), which requires them to make important decisions together. Alternatively, an Oakland County judge may award sole legal custody to one parent, especially if ongoing conflict threatens the child’s access to necessary services.
For children with special needs, disputes often arise over:
- Enrollment in specialized programs within Oakland County school districts.
- Consent for speech therapy, occupational therapy, ABA therapy, or medical treatments.
- Approaches to behavioral or mental health care.
Medical and Therapeutic Decisions
Michigan courts recognize that healthcare decisions, including therapy, medication, and medical procedures, are critical for children with special needs. An Oakland County judge may include requirements for how medical and educational expenses will be proportionately shared between parents in the child support order.
Parents may also need to agree on:
- Which providers will treat the child
- Insurance coverage and how uncovered expenses are divided.
- Transportation to frequent therapy sessions.
Education and IEPs
Children with disabilities may qualify for services under the Individuals with Disabilities Education Act (IDEA), which requires schools to develop an Individualized Education Program (IEP). Parents must often attend IEP meetings and work with school districts to implement services for their children who need these services.
In Oakland County, districts such as Bloomfield Hills, Rochester, Southfield, Farmington, and Troy provide specialized services, but disputes between parents can delay or derail a child’s educational support. An Oakland County Family Court judge will look closely at which parent demonstrates consistent participation in school communication and advocacy. The process often begins at the Oakland County Friend of the Court office. Their office is not located at the Circuit Courthouse at 1200 Telegraph Road in Pontiac, MI. Instead, you’ll find their office at 230 Elizabeth Lake Rd, Pontiac, MI 48341
Why Legal Representation Matters
Custody cases involving children with special needs require deep legal knowledge and practical advocacy. Courts in Oakland County expect parents to demonstrate both their ability to care for their child and their willingness to work together or, if that is impossible, to prove why sole decision-making authority is necessary. Our judges here in Oakland County have little tolerance for parents who choose to put the children in the middle of their disagreements and bickering.
An experienced Oakland County family law attorney can:
- Present evidence of your interest and sincere involvement in therapies, medical care, and school planning.
- Address disputes over IEPs, medical treatment, or parenting time schedules.
- Ensure child support orders reflect the extraordinary expenses often associated with raising a child with disabilities.
FAQs About Custody and Special Needs in Michigan
Can a Michigan custody order require parents to follow the child’s IEP?
Yes. Judges may incorporate educational requirements, including IEP compliance, into custody and parenting time orders to ensure consistency. You should speak with your custody attorney to ensure that this is included in your order.
What if one parent refuses to participate in therapy or school meetings?
That may be evidence that joint legal custody is not appropriate in your situation. You should speak with your attorney about requesting sole legal custody. An Oakland County judge could grant sole legal custody to one parent to make decisions about education and healthcare.
How are medical and therapy costs divided in Oakland County custody cases?
Support orders may require parents to share uninsured medical and educational expenses proportionally. You should speak with your family law attorney about making sure this is added to your order.
Can the Friend of the Court (FOC) help if my co-parent won’t cooperate?
Yes. The Friend of the Court can help enforce existing custody, parenting time, and support orders, but it cannot change those orders without court approval. Moreover, they cannot resolve every dispute; sometimes, your attorney may need to file a motion with the court.
Do special needs affect parenting time schedules?
They can. Courts may adjust schedules to accommodate therapy appointments, medical routines, or to provide consistency if one parent is better positioned to handle daily care. Your attorney can advise you on how to schedule with those accommodations.
Contact Us Today!
Custody disputes are challenging, but when a child has special needs, the stakes are even higher. At The Kronzek Firm, we understand that your child requires ongoing medical care, therapies, or educational advocacy. We can ensure you get a clear custody order that protects your child’s well-being. We represent clients in Oakland County and the surrounding areas of Livingston, Macomb, Jackson, and Genesee counties. Having an experienced Oakland County family law attorney can help protect your and your child’s rights and ensure that your special needs child gets the extra help they are legally entitled to receive. Our highly respected attorneys have fought for thousands of Michigan clients for more than 30 years. You can reach our Farmington Hills office 24/7 by calling (248) 479-6200 or by email at contactus@kronzek.law.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]