As parents, you are instinctively wired to protect and care for your children, especially those with special needs. Divorce often amplifies this concern. When you and your spouse divorce, who will hold the legal right to make crucial medical decisions for your child’s ongoing care?
The law will always prioritize the child’s well-being
Courts usually take into account various factors when determining who will be responsible for making medical decisions for a child with special needs post-divorce:
- The parents’ ability to understand and meet the child’s medical needs
- The parents’ level of involvement in the child’s medical care
- The parents’ ability to communicate and cooperate on medical decisions
- The parents’ to the child’s medical providers
Courts may appoint one parent as the primary decision-maker for medical issues if they believe this serves the child’s best interests. In some cases, they might designate a neutral third party to mediate disagreements about medical care.
It is important to note that even with shared responsibility, day-to-day medical decisions often fall to the parent with primary physical custody. This can include administering medications, attending routine appointments and managing minor health issues.
Both parents typically need to agree on major medical decisions. If they cannot reach an agreement, they may need to return to court for resolution. This process can be time-consuming and stressful, potentially delaying important medical care.
Seeking legal guidance is essential
Florida law allows parents to create a plan outlining how they will manage their children’s medical care. This plan, called a parenting plan, can include guidelines for routine appointments, emergencies and major treatment decisions.
Crafting a comprehensive plan requires careful planning and cooperation. During this crucial time for your family, collaborating with a seasoned family law attorney can offer valuable guidance.