Timesharing for Children with Special Needs

Creating a timesharing plan is difficult even in the most amicable of divorces; the complexity increases multifold when the child or children have special needs. Special needs can refer to either physical or mental health issues that the child experiences and cause them to require a higher level of care and expertise than a typical child would.

Florida courts start with the presumption that 50/50 timesharing between parents is in the best interest of the child. If a parent seeks to have a greater timesharing allotment, the parent must provide evidence to prove to the court that this is in the best interest of the child. For a child with special needs, some of the factors that the court will consider are:

• The ability of each parent to meet the health needs of the child, including following care instructions from the child’s healthcare team and proximity of the parent to the child’s healthcare providers.
• The safety of each parent’s home for the child. For example, if the child uses a wheelchair, is the home wheelchair-accessible? If not, is the parent willing to modify their home to meet the child’s needs?
• How will the child adapt to switching homes and caregivers?
• Do the parents’ work schedules allow them to provide the level of care and oversight that the child needs, such as taking them to medical or therapy appointments?

Depending on your situation, your attorney may advise working with medical, mental health, or education professionals to testify about your child’s special needs and the level of care that they require to thrive. 

Some of the other factors that the court considers for all children include:

• The physical and mental health of each parent
• Substance abuse by either parent
• History of domestic violence, sexual abuse, or neglect by either parent
• Ability and interest of each parent to be involved in the child’s life
• Proximity of each parent to the child’s school
• Lifestyle of each parent
• History of either parent trying to alienate the child from the other parent
• For older children, any preferences they have about where they want to live

If you and your ex-spouse are able to work out a timesharing plan either through your attorneys or through a mediator, you can avoid the court creating one for you. Troy Legal has successfully guided hundreds of parents through complex timesharing negotiations. If necessary, we will bring the fight to court, but in most cases we are able to avoid this outcome, saving you significant amounts of stress, anxiety, costs, and time. Call us today to learn how we can help you develop the best timesharing plan for your child.

Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., specializes in Marital and Family Law, providing reputable legal services for prenuptial and co-habitation agreements, paternity cases, adoption matters, alimony and child support, time sharing and parenting plans, drafting of qualified domestic relations orders (qdros), mediation services, equitable distributions, collaborative law, post-judgement modification and enforcement, domestic violence cases, and dissolution of marriage or divorce.  Troy Legal, P.A. is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.