Child Custody and Guardianship: Special Needs Woman Wants Freedom

Child custody cases take many different forms. Some child custody matters arise when two Florida parents are going through a divorce. Others involve a special needs child who requires legal guardianship. Issues of guardianship for children with special needs can be even more complex after the child becomes an adult.

Recently, a woman who was born with Down syndrome asked for independence from her parents. The state court overseeing the matter has placed the woman under the temporary guardianship of her mother and step-father. Her parents say she must live in a group home where she is under constant supervision. However, the mentally disabled woman has expressed she prefers to live with her friends, a married couple that own a thrift store where she once worked.

The young woman had previously lived with her friends, who took her in after she was injured in a bicycle accident. They have stated that they are eager to have her back in their home. They have even offered to serve as the woman’s legal guardian if necessary.

There are many other details relating to his case, which the court must take into account. For example, the woman’s mental capacity to make sound decisions for herself will weigh heavily in this case. Ultimately, in guardianship and child custody disputes, the court will seek to determine which outcome will be in the best interest of the person who must be cared for. A well-thought out legal strategy taking all factors into account can be enormously beneficial to individuals in Florida who are in a guardian dispute about the care of a person with special needs.