DEALING WITH THE UNKNOWNS WHEN CREATING A FLORIDA PARENTAL TIME SHARING PLAN AND CHILD SUPPORT CONSIDERATIONS
When speaking with your Florida family lawyer or Deerfield Beach, Florida, divorce attorney about support and long range parenting issues there will always be unknowns, especially when dealing with special needs children.
Child support in Deerfield Beach family law cases or Department of Revenue Support Enforcement actions provide for support until age eighteen (18) unless the minor child is still in high school in which case support then runs until graduation or age nineteen (19) whichever is later. However, there is an exception for children who are not able to become emancipated. That is to say, they will not be able to support themselves or live on their own as a result of a special needs disability.
Does that special needs exception define your child? It is imperative that before your special needs child turns eighteen (18) you must address this matter with your Deerfield Beach, Florida family lawyer or Deerfield Beach, Florida child support attorney.
Then there are the unknown factors of planning around longevity issues.
Wise parents handle statistics and medical predictions by:
- Emphasizing that significant medical progress is being made in almost all areas, and that health and longevity are increasing for almost all illnesses.
- Realizing that for all individuals, the future is unknown. Many lives are shortened by unexpected illness and traumatic events.
- Encouraging their children to believe that they have every chance of being one of those children "who fall on the high side of the bell curve because you take such good care of yourself."
- Understanding that the quality of a life is measured not by its length, but by the amount of love, accomplishment, and giving that fills it.
- Understanding that worrying about the future and chewing on the mistakes of yesterday rob both today and tomorrow. The resulting hopelessness, negativity, and worry can shorten lives and certainly diminish the quality of life.
- Believing that those who bravely face life's obstacles build a character that not only leads them to be more capable people and leaders, but sets an example that enhances the lives of all with whom they come in contact.
Theses considerations can form the basis of a Court approved co-parenting plan for their special needs child.
While it is true there will be unknowns, all parenting plans are subject to modification based upon a substantial change of circumstances that were both unforeseeable at the time of the last custody or time sharing award and which materially effect the best interests of the minor child.
The Deerfield Beach family and child support lawyers or attorneys at Brawer, Hirsch and Associates, P.A. are available to guide you through the complexities of child support and supplemental petitions for modification of existing support orders or existing time sharing plans.
FORT LAUDERDALE FLORIDA POST-DISSOLUTION OF MARRIAGE CONSIDERATIONS FOR SPECIAL NEEDS CHILDREN
In order to properly address the issues facing parents of special needs children following the dissolution of a Fort Lauderdale Florida marriage it is imperative that the litigating parties either employ a special needs divorce attorney or make their Fort Lauderdale dissolution of marriage attorney aware of certain realities.
Most marital partnerships which dissolve are going to result in less of a "co- parenting partnership" than before. One party will likely carry a greater burden of responsibility with the special needs child. This will commonly be true even if the parties define their Court approved Parenting Plan as one of "shared parental responsibility". Therefore, emphasis should be placed on specific provisions for transportation, therapy attendance, medical care appointment attendance and support for school and vocational programs.
The U.S. Census Bureau recently stated that nearly 16.5% of all people with disabilities in the U.S. leave their home two days per week or less. That constitutes nearly 11 million people that are not traveling at all. If this figure is fully appreciated your Fort Lauderdale Dissolution Attorney should address this reality in calculating child support. Florida Circuit Court Judges have the power to vary up to five (5%) from the Florida legislative guidelines for child support by statute. If you are going to be the parent in whose home your special needs child will be predominately and constantly in residence, this should be addressed at trial or in mediation.
PROTECTING YOUR FLORIDA ATTENTION DEFICIT HYPERACTIVE (ADHD) DISORDER CHILD AND ATTENTION DEFICIT DISORDER (ADD)
No conscientious parent would allow their special needs child with Attention Deficit Hyperactive Disorder( ADHD) to be abused in a Florida dissolution of marriage case paternity case or complex custody matter. If you have a sense that your special needs child with Attention Deficit Hyperactive Disorder (ADHD) is the subject of abuse then you must address that issue with your Florida family lawyer.
Before employing the variety of procedures that your Florida family lawyer or divorce attorney will discuss with you it is imperative to understand the realities of Attention Deficit Hyperactive Disorder (ADHD) or Attention Deficit Disorder (ADD).
Symptoms commonly found among children with ADD are inattentiveness, impulsive behavior and hyperactivity. Children with Attention Deficit Hyperactivity Disorder find it difficult to do their homework or any assigned task, and even in holding conversation.
Some of the symptoms of inattentiveness include making careless mistakes in homework or activities, difficulty in focusing on completing activities, difficulty in performing tasks, not listening, and being forgetful in daily activities.
Some of the symptoms of hyperactivity include restlessness of hands or feet, excessive fidgeting, problems in playing or focusing on activities, or excessive talking.
Symptoms due to impulsiveness include interrupting a conversation, impatience in waiting their turn, or blurting out answers even before the question is completed.
Those with ADHD often take part in risky activities and therefore suffer two to four times the rate of accidental injuries as do children or adults without ADD.
Why is it important to be aware of this? Why is it imperative to make your extended family member, significant others and secondary caregivers aware of this?
or divorce attorney needs to advise you that among the alternatives available to you are the use of the Child Abuse Hotline number in the Broward County Sheriff's Office, criminal actions for child abuse or Petitions for enjoining domestic violence (DVRO Petitions).
The use of the Child Abuse Hotline will likely bring into your life the Juvenile Court in Broward County, FL in the form of a Dependency Action based upon a finding that your child is at risk of abuse, neglect or danger.
Criminal actions for child abuse or battery, by their very description, are fraught with heartache and pain for both the prosecuting parties as well as the prosecuted party.
Florida's Petitions for injunctions against domestic violence (DVRO Petitions) can be brought by a parent to protect a child which is feared to be in danger of serious harm or death. However, these DVRO petitions must be based upon a factual basis rather than a subjective or speculative conjecture. The granting of the restraining order will create an onerous environment where co-parenting is almost impossible.
Having a partner to co-parent a special needs child is a valuable asset that you do not want to forfeit capriciously.
If you know that your ADHD or ADD child is likely to suffer more injuries and show more bruising than mainstream children, creating an atmosphere for constructive dialogue will often better serve the interests of both parent and child.
The Florida family lawyers or divorce attorneys at Brawer, Hirsch and Associates P.A., 650 C SE Third Avenue, Fort Lauderdale, Florida build into most Court approved parenting plans a monthly face-to-face co-parenting meeting. This enables the parents to candidly address the presence of bruises and minor lacerations on their ADHD or ADD child and formulate a plan to protect the child.
Creating a unified plan to avoid the frequent injuries that risk taking ADHD or ADD children incur requires a presumption of innocence by both parents but may well be the protection which will serve the best interests of your special needs child.
Visit us for more information for dealing with issues involving special needs children.
For four (4) decades, we at Brawer, Hirsch and Associates P.A., 650 C. SE Third Avenue, Fort Lauderdale, Florida 33301 have litigated the issues of divorce and matrimonial disputes involving mainstream and special needs children. Contact Broward County Family Lawyer David L. Hirsch today at 954-828-2749 or toll free 877-895-7572.
SERVICE ANIMALS AND THE FLORIDA PARENTING PLAN
When the a Fort Lauderdale Florida time sharing plan lawyer seeks to address the issue of child support and time-sharing for a Broward Miami-Dade or Palm Beach County Florida challenged child, contemplating the expenses of a service animal should be a consideration.
Each child presents a separate set of challenges, as does each family situation, dog, disability, etc. Anybody who is at all interested in looking into getting an assistance dog for a child with a disability (or even just a companion or therapy dog) should collect information on their own and not rely on generalities.
Each type of animal presents unique considerations for the drafting of the parental time sharing agreement i.e. Assistance or Service Dog. An Assistance or Service Dog is trained to perform specific physical tasks to assist a person with a disability, such as opening doors, turning on lights, retrieving dropped items, carrying things, and alerting to sounds. These dogs are normally trained and certified by assistance dog organizations and have full public access rights under the Americans With Disabilities Act of 1990 (ADA) law.
A Therapy Dog is trained in basic obedience that provides companionship but does no specific tasking. These dogs are often graduates of assistance dog organizations and especially suited for this work because of temperament. They normally do not have public access rights and work mostly in the home. However, they are often invited to accompany the child into public places.
A Companion Dog is a family pet with no specific training or certification. They do not have public access rights.
Deborah J. Hall the author of "The Rainbow Series: Dogs Who Help" (www.BunnyBudBooks.com) writes : "All three of these kinds of dogs will, if partnered correctly with children, provide the most important service of all: love, affection, acceptance, and companionship to children too often disenfranchised and lonely. In fact, in many cases, having a four-legged furry 'best pal' will act as a social magnet, attracting other children, and therefore promoting positive relationships that might otherwise be difficult to achieve. Children with disabilities are 'different' and those 'differences' are sometimes seen by peers as 'negatives'… something to be afraid of or uncertain about. However, a child with a canine partner, while also seen as 'different' is seen as 'different' in a good and appealing way. So not only does the child have the comfort, security, and benefits of a loyal best friend in their dog, but they often acquire more human friends because of the dog.
For children with specific physical disabilities, an assistance dog can provide specified help beyond the companionship. A child who must rely on others for everything (retrieval of a dropped toy, opening a door while negotiating a wheelchair or crutches) cannot develop independence in a natural progression. When this happens, self-esteem suffers and often there is an accompanying fear of being alone that inhibits natural curiosity and exploration. A child who is afraid of falling is less likely to feel comfortable alone in a room, out in the yard, or even going to the bathroom by themselves, but partnership with a dog tends to lessen fear. In addition, an assistance dog can 'alert' if there is a problem (barking for help or actually going to get a parent or other adult). In addition, these dogs are able to provide actual physical assistance to a fallen child (the dog stands close and braces while the child pulls him/herself up by grasping the dog).
Assistance dogs and therapy dogs can provide great help during various medical procedures as well, especially when physical or speech therapy is required. Imagine how much more motivated a child would be to walk across a room, in spite of pain, if their best friend is waiting with wagging tail and smiling face. Even in hospitals, assistance/service and therapy dogs can provide great comfort and distraction from unpleasant medical procedures, and are allowed into facilities in many instances. For speech therapy, reading to a dog has been proven over and over to provide great benefit. A child sitting next to a dog, petting the fur, while reading aloud literally lowers blood pressure and other stress factors.
It is very important to understand that bringing another dependent living creature into a household does not reduce the parents' workload and, in fact, increases it. A dog is not a babysitter or a caregiver, and the working relationship between dog and child must be constantly monitored as well as practiced. This falls to the parents, obviously. Whenever there is an outing, both child and dog must be 'handled' and monitored. When the child needs to go to a public restroom, the parent must somehow manage him/herself, child, and dog. Feeding a dog is not normally a difficult or time-consuming task, but since the child is supposed to do as much as possible in terms of dog care in order to maintain the all-important bond between dog and child, the feeding process can take much, much longer, as can dog grooming and bath rooming and cleanup. In other words, as stated, the parents' workload grows exponentially! The easiest way to understand this is to consider that the addition of a dog to a household is similar to adding another child…a source of both great joy and work."
How the costs of this additional mouth to feed and medical care will be allocated is a serious topic which should be addressed by your Parental Time sharing allocation attorney or Fort Lauderdale Child support lawyer.
STRUCTURING FLORIDA PARENTING PLANS TO PROVIDE FOR EMERGENCY CARE FOR ASTHMATIC CHILDREN
When Florida parents of asthmatic children are going through a dissolution of their marriage the circuit courts must approve a parenting plan which provides for emergency medical care and medical decision making as it relates to the minor asthmatic child.
When speaking with your family lawyer or divorce attorney it is critical that some provision be made for emergency decision making for their asthmatic children.
Most shared parenting plans provide for each parent to have a right to share in the decision making as to treating physicians, methods of treatment and therapies.
However, provision needs to be made for dealing with the emergency care of asthmatic children during periods of shared parenting.
Children with more severe or frequent asthma symptoms (such as those having emergency visits or needing their bronchodilator more than three (3) times per week) benefit from using a preventative, or anti-inflammatory, asthma medication. These medications reduce inflammation in the lungs, making the airway less sensitive to whatever it is that triggers the child's asthma. Inhaled steroids are the most effective preventative medication.
However, inhaled steroids have little or no effect when used only during attacks
For medications given by inhaler (or puffer), it's very important that you know how to administer the inhaler correctly. A health care professional can show you how.
Signs of a severe asthma attack include severe wheezing or difficulty breathing, very rapid breathing, having the spaces between the ribs getting sucked in, turning blue, needing a bronchodilator more than every 4 hours, or working so hard at breathing that the child becomes tired. Children having a severe asthma attack should not get their bronchodilator at home more than every 4 hours. They should be seen, as soon as possible, in an emergency department. If your child is having a very severe asthma attack, you should call 911.
Without a provision for the severe asthmatic attacks, which are in the nature of emergencies, there is simply no time for the parents or the secondary caregivers to enter into the shared parenting discussions which are the hallmark of co-parenting.
Emergency Care Parenting Plans should be drafted in such a way as to give the parent or secondary caregiver with whom the asthmatic child is time sharing the ability to make split second emergency medical decisions free from the constraints of shared parental decision making.
The very life of the child may hang in the balance. No parent or secondary caregiver should be hesitant to act immediately for the asthmatic child in acute distress for fear of violating any parenting plan provision.
For four (4) decades, we at Brawer, Hirsch and Associates P.A., 650 C. SE Third Avenue, Fort Lauderdale, Florida 33301 the issues of divorce and matrimonial disputes involving special needs children. Contact family lawyer David L. Hirsch today at 954-828-2749 or toll free 877-895-7572.
Brawer, Hirsch and Associates, P.A., 650 C SE Third Ave., Fort Lauderdale, Florida 33301 has been representing the legal needs of divorcing parents of special needs children for almost 40 years. All attorneys are certified Florida Family court mediators and David L. Hirsch is a Florida Circuit Court Arbitrator. Marc Brawer, a fellow of the American Academy of Matrimonial Lawyers, is Board Certified in Family Law and the firm is listed as one of the top 50 Florida Family Law firms in Superlawyers Magazine for 2010. Call today to have your special needs divorce issues addressed by phoning 954- 522-1922 or 24/7 at 954-494-6777.
The firm provides guidance and representation throughout Southern Florida, including: South, West and North Broward, Broward County, Miami-Dade County and Palm Beach County, as well as Fort Lauderdale, Pembroke Pines, Davie, Dania, Hollywood, Plantation, Lauderhill, Hallandale, Aventura, Weston, Sunrise, Oakland Park, Wilton Manors, Boca Raton, West Palm Beach, Miami, Dade County, South Florida, Miramar, Miami Gardens, Miami Lakes, Hialeah, Lauderdale by the Sea, Lighthouse Point, Coral Springs, Coral Gables, Coconut Creek, Deerfield Beach, Hillsboro Beach, Delray Beach and Sunny Isles Beach.
