Divorce Considerations For A Child With Special Needs

special needs child with mother

Parents who have a child with special needs must make additional considerations when they file for divorce. Planning for the child’s future medical, financial, and legal needs are critical to the divorce process in addition to the other common issues that routinely arise in a Florida divorce case. You need an experienced divorce attorney who knows what additional issues must be negotiated when a special needs child is involved in a divorce, and at the Law Offices of David L. Hirschberg in Boca Raton our team of dedicated and top tier legal professionals are here to help. Call or contact our office today to learn more.

Child Custody Considerations

One of the biggest considerations in a divorce with a child that has special needs is custody (Parenting Issues in Florida). There are special considerations for developing a parenting plan in Florida pertaining to a child with special needs. How will the Parties communicate with each other, and make major decisions pertaining to their child? Timesharing can come with its own challenges, especially if the child does not do well with change or is susceptible to environmental changes. Consideration must be made to ensure that the child does not miss medical appointments, therapy, or tutoring because of the timesharing schedule. If the child needs special medical equipment, considerations must be made for how to transfer it between parents. All this, and more, must be included in a special needs parenting plan.

Protecting the Child’s Financial Future

Another serious consideration for a divorce involving a child with special needs is how best to secure the child’s financial future and cover their expenses. Depending on the extent of their needs, this may require the payment of child support for the entirety of the child’s life in order to cover their medical expenses equally between parents. It may also necessitate the creation of a special needs trust by the parents to ensure that their child is covered financially after they have passed.

Other Considerations

There are other considerations that must be made specifically in cases where a special needs child is a part of a divorce. The parenting plan can also address the appointment of a specific guardian for the child in case one or both parents die. It should also include a medical plan that both parents agree to adhere to when the child is staying with them, which can include a schedule for meals, medication, therapy, medical appointments, and what to do in case of emergency. To learn more about how a divorce involving a child with special needs differs from that of a typical Florida divorce, talk to the office today.

Call or Contact Our Office Now 

Do you have more questions about filing for divorce when you have a child with special needs? If so, the experienced Boca Raton divorce attorneys at the Law Offices of David L. Hirschberg can provide you with top quality legal advice. Call the office or contact us today to schedule a consultation to learn more.

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