From the Editor in Chief

• Author: Kathleen A. Hogan
• Pages: 4-5

Editorial Board

EDITOR IN CHIEF

Kathleen A. Hogan

3773 Cherry Creek N. Drive

Suite 950

Denver, CO 80209

kah@mcguanehogan.com

ISSUE EDITORS

Michelle Piscopo, Philadelphia, PA

Gerald L. Shoem aker Jr., Norristown, PA

EDITORIAL BOARD MEMBERS

Livia DeFilippis Barndollar, Westport, CT

Joy M. Feinberg, Chicago, IL

Ann M. Haralambie, Tucson, AZ

Debra H. Lehrmann, Austin, TX

Lilka B. Martinez, El Dorado Hills, CA

Michelle Piscopo, Philadelphia, PA

Gerald L. Shoemaker Jr., Norristown, PA

Gene Brentley Tanner, Raleigh, NC

Timothy B. Walker, Centennial, CO

Steven K. Yoda, Woodland Hills, CA

EDITORIAL POLICY

Family Advocate, published by the

American Bar Association Family Law

Section, oers practical, practice-oriented

articles for family lawyers, their clients,

and other professionals involved in

divorce, child custody, adoption, and

other family-law related issues. e articles

in Family Advocate do not express the

off‌icial policy of the ABA or the Family

Law Section. ey represent the views of

thoughtful members of the bench and bar

who are interested in eective advocacy

and the American family.

MANAGING EDITOR

Lisa V. Comforty

lisa.comforty@americanbar.org

312-988-5669

DESIGN

Mary Anne Kulchawik

maryanne.kulchawik@americanbar.org

ADVERTISING

Jonathan McGraw

MCI-Group

jonathan.mcgraw@mci-group.com

410-584-1979

from the

editor in chief

By

Kathleen A. Hogan

4 FAMILY ADVOCATE www.shopaba.org

Kathleen A. Hogan (kah@mcguanehogan.com) is a principal with McGuane

and Hogan, P.C., in Denver, Colorado, and Editor in Chief of

Family Advocate

.

A

report from the U.S. Department of Education’s

National Center for Education Statistics indicates that

the number of students receiving special education

services in public schools is on the rise. These gures

include kids with learning disabilities, speech or lan-

guage impairments, and other health impairments.

These gures don’t capture the kids that don’t or can’t even make it into

the public school system. We have no reason to believe that the parents

of these children divorce or live apart any less frequently than the other

parents. However, much of our approach as lawyers may be geared to the

families who do not face the added challenge of a child’s special needs. The

cookie-cutter approach to arriving at a parenting time schedule won’t help

and may be detrimental to a child with certain mental or physical health

issues. The “standard” formula for child support may need adjustment to

account for benets available to the child. The parents may not agree on

whether their child even has special needs. Is the parent who denies any

disability neglectful? Is the parent who sees an impairment overprotective?

More importantly, how can the legal system address the family situation?

The goal of this issue is to give practitioners a starting point for represent-

ing parents in such cases.

The initial challenge may arise in connection with the terminology used

to identify the types of circumstances or conditions that may warrant spe-

cial consideration. Margaret “Peggy” Graham gives us an overview in her

article “The Many Meanings of Special Needs.” In the world of special edu-

cation, the term generally means a child who has physical or intellectual

needs that cannot be fully or adequately addressed in a regular education

classroom. By contrast, a child may have a need that qualies him or her

for governmental benets, but the child may not need special education

services. Each need or eligibility may need to be investigated and addressed

separately.

From the very outset of the representation, the discussions with a client

with a child with special needs may need to be adjusted to suit the circum-

stances. “Initial Consults with Clients with Children with Special Needs: The

Good, The Bad, and The Necessary,” by Beth C. Manes & Amanda S. Trigg,

covers that situation. The authors offer recommendations for discussion.

The list of topics includes legal and physical custody; spousal and child

support; medical, life, and disability insurance; beneciary designations;

FAMILY ADVOCATE

Published in Family Advocate, Volume 42, Number 3, Winter 2020. © 2020 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof

may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.