How to Handle a Divorce in Florida When You Have Special Needs Children

Going through a divorce can be like waking up to a nightmare after the fairy tale dream of ‘happily ever after’. Imagine it as paddling a boat through stormy seas, except that with a special needs child, those sea waves get even larger. 

But there is a silver lining to the dark shadowy cloud of divorce….

With adequate guidance, you can leverage Florida’s legal system to undergo divorce smoothly. If you’re going through a divorce with a special needs child, then this guide will help. Let’s explore the steps you need to take to ensure your child is well cared for, now and in the future! 

Understanding the Extra Challenges

Going through a divorce when you have a special needs child isn’t just about dividing up property and deciding who gets the car. It’s more about prioritizing your child’s emotional, physical, and financial needs—now and into adulthood. Kids with special needs require more medical care, therapies, and educational resources, so a clear and detailed analysis of the extra challenges that can be faced post-divorce with a special child is a must.

Family Courts in Florida are considerate of the unique challenges that come with divorcing when special needs children are involved. The courts’ primary aim is always to serve the child’s best interest, but that often means going beyond standard legal arrangements. Your child’s future is the number one priority, and Florida laws are structured to reflect that.

 Crafting a Detailed Parenting Plan

Every couple undergoing a divorce in Florida with children must create a thorough Parenting Plan—a legal document outlining how responsibilities will be shared between both parents. But for a kid with special needs, this plan covers extra details.

Here’s what should be included in the plan:

Daily care routines:  Your plan should prioritize your child’s specific medical, educational, and emotional needs. These include the expenses for medications, doctor’s appointments, and therapy sessions.

Medical care: Will both parents be responsible for medical decisions, or will one take the lead? The goal is to focus on the long-term medical plan of your special-needs child. 

Schooling: If your child has an Individualized Education Program (IEP), ensure the plan clearly states who will attend meetings and make decisions about schooling.

Long-term decision-making: Since many children with special needs require lifelong care, your plan should address how major decisions will be made in the future.

Being as specific as possible will help avoid confusion and disagreements down the road. Plus, having a detailed plan will give both parents peace of mind knowing their child is well cared for.

Financial Support Beyond Age 18

Here’s a key difference when you have a special needs child: child support may not end at age 18. Under Florida Statute §61.13, child support can continue indefinitely if a child’s disability was established before they turned 18. This extended support ensures that your child will have financial help as they grow into adulthood.

Financial Considerations to Keep in Mind:

Extended Child Support: Florida law allows for extended child support when a child is physically or mentally unable to support themselves. This means you won’t be left worrying about how your child will be cared for when they turn 18.

Special Needs Trust: To protect your child’s eligibility for government benefits like Medicaid or SSI (Supplemental Security Income), you might want to set up a Special Needs Trust. This ensures your child can receive financial support without losing access to public assistance. It’s a smart move that helps safeguard your child’s future.

Legal Guardianship for Adulthood

When your child turns 18, they are legally considered an adult. But what happens if they can’t make their own decisions due to a disability? In Florida, you can petition the court to become their legal guardian. This allows you to continue making medical, financial, and personal decisions on their behalf.

Florida courts take guardianship seriously. You’ll need to show that your child cannot care for themselves or make their own decisions. This process can be emotional, but it’s necessary to ensure your child continues to receive the care they need.

Co-Parenting Challenges—And Solutions

Co-parenting is already tricky, but when you have a special needs child, it requires even more coordination. Keeping up with medical appointments, therapies, and school programs can be a lot to juggle. But communication is key to making it work.

Here’s how to co-parent successfully:

Stay in touch: Set up a shared calendar where you can keep track of doctor’s appointments, therapy sessions, and school meetings. It’ll help both parents stay informed.

Use a Parenting Coordinator: If things get difficult and communication breaks down, Florida courts may suggest using a Parenting Coordinator. This neutral third party can help manage conflicts and make decisions in the best interest of your child.

Stay Updated

Divorces involving special needs children require a deeper understanding of Florida’s legal system. Florida Statutes §61.13 outlines child custody, support, and timesharing guidelines, and it places the best interest of the child above all else. This includes extended child support for children with disabilities.

Additionally, new laws enacted in 2023—CS/SB 1416 and CS/HB 1301—introduced a presumption of equal timesharing between parents. However, for special needs children, the courts may adjust this to fit the child’s unique care requirements. One parent may be better suited to handle day-to-day responsibilities, and the court will take that into account.

Finding Support in Your Community

You don’t have to go through this alone. Florida has many resources available for parents of special needs children, from support groups to educational advocates. Organizations like Best Buddies and The Arc of Florida offer support, advice, and resources for parents who are managing life after divorce with a special-needs child.

You’ve Got This!

Divorcing in Florida with special needs children isn’t easy, but with the right approach, it can be done smoothly. By building a detailed parenting plan, addressing long-term financial and guardianship concerns, and keeping communication open, you can ensure your child’s needs are met now and in the future.

So, take a deep breath, consult with the right professionals, and remember: you’re doing this for your child’s well-being, and that makes you a superstar.

Ready to start afresh after divorce in Florida with a special-need child? Call the Dewitt Law Firm today!