Divorce and Special Needs Planning in Arizona

When parents of children with disabilities divorce, they must consider more than standard child custody or property division issues. They must also consider how the divorce will affect the children’s care, financial stability, and access to support programs. Arizona law allows parents to address these special concerns through parenting plans, special needs trusts, and Rule 69 agreements. 

These tools can define parental responsibilities, preserve children’s access to benefits, and support consistent care between homes. With careful planning, both parents can protect their children’s health, education, and long-term well-being throughout and after the divorce process.

What Are Arizona’s Laws for Custody Involving Special Needs Children?

Arizona’s custody laws focus on the best interests of the child. Courts must consider a child’s physical and emotional well-being when deciding custody and parenting time. The best interests standard applies to all cases, including those involving children with special needs.

Judges determine what situation would suit the child’s best interests by examining factors such as:

• Each parent’s relationship with the child
• The child’s adjustment to home and school
• The health of everyone involved.

If a little one has a disability or other special needs, the court also examines each parent’s ability to provide for their medical, educational, and daily care needs.

Custody arrangements and parenting plans should clearly outline these details, including therapy schedules, medication routines, and coordination with healthcare providers. Parents can also use Rule 69 agreements to create clear, enforceable plans that support stability and consistent care for kids with special needs.

What Issues Do Arizona Courts Consider in Special Needs Child Custody Cases?

Courts in Arizona apply the same principles for all custody cases and allow a court to consider the special physical, emotional, and developmental needs of a child.

Factors courts consider in making child custody determinations in cases involving children with special needs include:

• Each parent’s ability to address the child’s medical, mental, and educational needs, including medical treatments, therapy sessions, and specialized education
• Whether the child has a stable and supportive environment in each home
• Whether both parents can follow agreements and communicate effectively
• The willingness of each parent to cooperate with the other and with her school and healthcare providers
• How a proposed custody plan will affect access to therapy, medical care, and community support
• Any history of neglect, violence, or interference with care
• The physical and mental health of both parents and the child
• Each parent’s flexibility to accommodate the child’s routines and appointments.

What Evidence Will You Need in a Special Needs Child Custody Case?

Evidence helps the court understand a child’s needs and determine whether the divorcing parents can effectively meet them. Parents should gather clear, organized proof that demonstrates their involvement and ability to provide consistent care. In a child custody case in Arizona, that evidence may include:

• Medical records showing the child’s diagnosis, treatments, and required medications
• Testimony or letters from doctors, therapists, or teachers familiar with the child’s needs
• Proof of attendance at medical or therapy appointments
• School records, such as individualized education plans (IEPs) and progress reports
• Communication logs showing cooperation between parents about care or scheduling
• Photos or videos showing the child’s daily routine and environment
• Financial records showing the ability to cover care costs.

What Is a Special Needs Trust?

A special needs trust is a legal instrument that provides financial protection for a person with a disability while maintaining their eligibility for government benefits. Parents often create this type of trust to support children who need ongoing care.

These trusts hold money or assets that can cover beneficiaries’ additional needs, such as therapy, transportation, or adaptive equipment. And because the assets belong to the trust, not the child, they do not count against benefit limits for programs like Medicaid or Supplemental Security Income.

A special needs trust document names a trustee to manage the funds and make payments on behalf of the beneficiary. Parents can establish rules for how the trustee will manage the funds to ensure the child receives adequate support. To preserve a disabled child’s long-term stability and quality of life, special needs trusts can also outline what happens when the beneficiary reaches adulthood or after the parents pass away.

What Is a Parenting Plan and Why Is It Important in a Divorce Involving a Special Needs Child?

A parenting plan outlines how parents will share decision-making and time with their child after divorce. It covers daily care, medical treatment, education, and communication.

Detailed parenting plans are crucial for children with special needs, as they provide structure and continuity. These plans should be given careful consideration and outline therapy schedules, medication routines, transportation needs, and procedures for handling emergencies. Parents can also document how they will coordinate with doctors, schools, and service providers. A clear plan can prevent conflict and confusion about responsibilities. It also provides children with more stability, which can support their emotional and physical well-being.

What Is a Rule 69 Agreement in an Arizona Divorce?

Rule 69 agreements enable divorcing spouses to reach binding settlements on issues such as custody, parenting time, child support payments, and property division. The agreements must be in writing, placed on the court record, or made before family court-approved mediators.

Once a judge approves a Rule 69 agreement, it becomes enforceable like any court order. For parents of kids with special needs, these agreements can provide stability by locking in key terms about care and financial support. They can specify who will manage medical appointments, how they will divide expenses, and what happens if either parent’s situation changes. Parents who settle these issues through agreements can reduce stress, save time, and maintain stability for their children without having to go to court.

Get Help from an Arizona Divorce and Special Needs Planning Law Firm Near You

The family law attorneys at Mushkatel, Gobbato, & Kile, P.L.L.C., bring more than 50 years of combined legal experience to our clients. We have helped many Arizona families reach fair solutions in divorce and custody matters involving children with special needs. Contact us today to arrange your initial consultation and learn how our legal team can help you protect your child’s well-being and your child’s long-term security and guide you through every stage of the divorce process.

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