Facing Divorce With A Child With ADHD in Florida
Understanding Custody Disputes Involving a Child with ADHD
Divorcing when a child has autism, ADHD, or other special needs requires special considerations. Whether it’s making accommodations in the parenting plan, managing different educational needs, or understanding the child’s emotional needs during such a stressful time, divorce attorneys must be well-versed in handling these complex cases. This is especially true in custody disputes involving a child with ADHD, where even routine decisions can become sources of conflict between parents.
Addressing the Unique Needs of Neurodivergent Children in Custody Disputes
Children on the autism spectrum or with ADHD often have unique needs that must be considered during divorce proceedings. These needs extend beyond simple schedules and into the realm of therapies, support, and educational arrangements that are tailored to help the child thrive. Custody disputes involving a child with ADHD often center on how to best support these developmental needs across two households.
Handling Custody and Visitation in Disputes Involving a Child with ADHD
In the custody process, courts must consider how both parents can support the child’s developmental needs. This means ensuring that both parents are equally involved in the child’s care, but it also means recognizing that the child may require extra support that a neurotypical child would not. Custody disputes involving a child with ADHD may include disagreements about routines, treatment plans, or school accommodations.
A parent’s refusal to cooperate in providing adequate care, especially regarding therapy or medications, can negatively affect that parent’s custody arrangements. In one case I handled, a mother was determined to withhold medication for her ADHD-diagnosed child despite a clear recommendation from the child’s doctor. This refusal led to a reassessment of the mother’s custodial rights.
The Role of Legal Advocacy in Custody Disputes Involving a Child with ADHD
Attorneys who have experience with neurodivergent children are better equipped to offer solutions that protect the child’s well-being while still respecting both parents’ rights. By understanding the child’s needs, an attorney can advocate for provisions that ensure the child’s emotional, medical, and developmental needs are met while also facilitating a fair custody arrangement. In custody disputes involving a child with ADHD, having an experienced legal advocate can make a meaningful difference in how the court understands and addresses the child’s needs.
Case Study: ADHD Medication and Custody Disputes
In a case involving a child with ADHD, I worked with a mother who was fighting her ex-husband over the administration of ADHD medication for their child. The child had been prescribed Adderall to help with focus, but the father refused to administer it while the child was at his house. This situation was not only dangerous but also impacted the child’s ability to succeed in school and in social situations.
The mother took legal action, and we were able to secure a court order that ensured both parents would follow the child’s prescribed medication regimen. The case highlights the importance of following medical advice and ensuring that both parents are committed to meeting the child’s special needs, especially in custody disputes involving a child with ADHD.
Sean Smallwood is an Orlando divorce attorney for the law firm Sean Smallwood, Orlando Divorce & Family Law P.A. where he represents clients in all areas of family law and divorce. 100% of the practice is devoted to family law. As an attorney in Orlando, he has helped many families with a wide variety of family law cases including Divorce, Child Custody, Child Support, and many other issues.
