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Mental handicapped children & higher divorce rates

I often get clients who consult me in connection with a divorce matter, and advise that their child suffers from some kind of disorder or mental handicap. This could be autism, cerebral palsy, ADHD, or Down’s syndrome for example.

More expenses and time involved

A child with a disorder/handicap is obviously more difficult to look after, and the expenses are a lot higher. Very often a full time nurse/nanny is required to be employed to look after such a child. I recently had a case where the parties had been married for over twenty years. Their daughter was 17 years old and suffered from Autism. My client explained that it had been extremely difficult looking after the minor child during the marriage, as she did not function like a normal child would. My client was not even able to take the child to a shopping centre. The disorder of the child according to my client had also severely affected her husband. He abused alcohol and marijuana on a daily basis.

Black and white photo of child in a wheelchair with father and mother

Not the child's fault

The abovementioned case is interesting in the sense that the marriage had lasted so long even though the parties had to raise a child with a disorder. I have experienced far more cases where the parties seeking to be divorced have a child under the age of six who suffers from a disorder. They argue a lot more than other couples and are less satisfied in their relationship. It is important for these parents to understand that it is never the child’s fault that the marriage broke down.

ADHD children and divorce rates

A recent study has shown that the parents of a child who suffers from ADHD (attention-deficit hyperactivity disorder) were almost twice as likely to divorce before the child turned eight. This study looked at 286 couples who have a child with ADHD and 206 with children who don’t have this condition. It is quite normal for couples who have a child with ADHD to suffer from depression, and substance abuse.

Parental responsibility not ending at 18

It is honestly sad that many more marriages tend to end in this way when a child suffers from a disorder than a marriage with “normal” children. The responsibility on a parent to look after a child with a disorder is very often a lifelong responsibility. In normal instances the duty of the parent to support the child would end at age 18 or once the child becomes self-supporting. However a child with a mental handicap very often cannot fend for him/herself after the age of 18.

Mental handicapped children & higher divorce rates

More expenses and time involved

Not the child's fault

ADHD children and divorce rates

Parental responsibility not ending at 18

Family, Estate & notarial legal services

Other divorce-related issues

At the beginning

Psychological issues

Child-related divorce matters

Annexure A

Custody of children upon divorce

Child custody post divorce

Child custody on death of a parent

Adoption of a stepchild

Maintenance for children

Maintenance for spouse

Abduction & kidnapping of children

International divorces, children & overseas issues

Other child-divorce matters

Affairs

Assets/debt and divorce

Divorce & pension fund assets

Property and divorce

Life insurance, death & divorce

Divorce & future expenses

Marriage (COP vs ANC), cohabition and Universal partnerships

Perjury & forgery

Divorce courts

Annulment instead of divorce

Divorce documents

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Ask questions about divorce and mentally handicapped children.