Did you know that 1 in 31 children aged 8 years has Autism Spectrum Disorder? About 1 in 6 children aged 3-17 years is diagnosed with a developmental disability. When a child has special needs, a standard parenting plan is not enough. These cases need a far more stable approach that clearly highlights medical care and long-term well-being.
Why Divorces Involving Special Needs Children Are Complex
When dealing with a divorce involving a child with special needs, the court needs to consider various factors to protect the child’s interests. In such divorces, everything, including child support, child custody, or even property division, becomes far more challenging. A normal child support arrangement is not expensive, and most of the time, both parents mutually agree to the terms without conflicts.
However, for raising a child with special needs, the court considers some of the important considerations. Those include medical equipment, mental health services, or even a medical caregiver in case the child is physically disabled. So, it can be challenging to estimate such type of costs. The reason is that no one is sure about how a disability will progress or change at different stages of a child’s life.
Why Courts Hire Experts For The Custody of a Child’s Special Needs
Family courts usually have to make custody decisions for children with special needs. These cases can be quite difficult or complex. Judges are not sufficiently aware of the mental health challenges, medicines, or child development.
So, there can be a possibility that they may not understand the child’s condition or what care is needed. That’s the reason the court usually consults experts, and those can include co-parenting counselors, custody evaluators, teachers, therapists, and doctors, as well as school and medical records.
These professionals can help the court know the child’s condition and what type of care and parenting plan can be a suitable choice.
Custody Evaluators
In some cases, parents usually disagree on how serious the child’s condition is, what the child can or cannot do, and who can care for the child better. Courts usually appoint custody evaluators to solve such situations. They are trained mental health professionals such as psychiatrists, psychologists, or social workers. They give a fair opinion about the child’s needs, each parent’s ability to meet those needs, and the overall family situation.
For such a job, the evaluators may need to review medical and mental health records, interview parents and the child, visit each parent’s home, and speak to the teachers, friends, or relatives involved in the child’s life.
Co-Parenting Counselors
Sometimes parents disagree on the parenting plan just to oppose each other. They ignore the child’s needs and even refuse treatment or appointments. Such situations can seriously harm the child. Courts may need to appoint a co-parenting counselor to manage such situations.
A professional can help parents communicate better, focus on the child’s best interest, and work together. Courts appoint a parenting coordinator to resolve disputes about visitation. Co-parenting means both parents share responsibility and cooperate for the child’s welfare.
Read more about: How to Make Divorce Easier on Your Children: Co-Parenting Tips That Work
A counselor provides some space where parents can discuss their final decisions or plan for the child’s future. However, for children with special needs, parents should work together for therapies, medical care, education, and long-term planning even for adulthood.
What Are The Important Considerations For Such A Type of Custody
Educational Support
If the child has an Individualized Education Program (IEP) or other learning options, both parents should be aware of it and actively get involved. The court can create a plan that adds guidelines about who will attend school meetings, share progress updates, and communicate with the doctors, counselors, or teachers.
Medical and Therapy Care
Children with special needs need to visit for regular appointments with their therapists, specialists, or doctors. The parenting plan should include who will handle the schedules, attendance, and transportation. It should clearly show how medical decisions will be made, including when there are emergencies.
Routine and Stability
A child with a mental health disorder or special needs wants stability in their daily routines. The parenting plans should include bedtime schedules, exercise/walking hours, and dietary requirements to help the child feel secure.
Read more about: How to Co-Parent After Divorce Without Constant Conflict
Financial Considerations
The cost of raising a child with special needs can be expensive. They need regular medical treatment, equipment, or specialized care. The plan should clearly show how those additional expenses will be shared. It should also include how any changes to the child support are necessary.
Get Expert Evaluation For Your Case!
If you are going through a divorce and your child has special needs, what’s important is the child’s future needs. Standard parenting plans and custody arrangements sometimes don’t work for these children because their needs are more complex. That’s why various factors, especially the child’s mental and physical health, should be considered for such a type of decision.
Judges usually rely on the experts who can properly know and check both parents’ abilities and the child’s needs to meet them. In various cases, ongoing professional support is needed, and we at Affordable Divorce Center can help you deal with such type of situations. If you are going through a similar situation, visit one of our offices in West Palm Beach, Boca Raton, or Stuart for a free case evaluation.
Frequently Asked Questions
How Is Custody Decided in Florida?
A Florida court carefully determines custody by checking what type of arrangements can be in the child’s best interest. Judges check various factors such as the child’s willingness, the parent’s willingness, and the parent-child relationship.
What is The Parenting Plan Law in Florida?
A parenting plan is a legal document that highlights how the parents will share responsibilities and time for their child. Florida law uses the term time-sharing in divorces.
What Do Judges Look for In Child Custody Cases in Florida?
The judges usually consider the child’s best interest, the evidence of domestic violence in the households, and if the child is a victim of abuse, abandonment, or neglect.
