If you are planning to divorce and have a child with special needs, it is important to understand how the process will be different for you. Special needs children can require a lot of care and attention, so parents need to make sure that their divorce does not add any additional stress or challenges. You will need to work with an attorney who understands the unique issues involved in divorcing with a special needs child. If you need assistance, contact us to schedule a free consultation.
What Constitutes A Special Needs Child in Texas Family Law?
The term “special needs” gets used a lot but it can be difficult to understand what it actually means. In Texas family law, the legal definition of a special needs child is one that has a mental or physical disability that will require additional care or supervision. In other words, they are incapable of self-care or independent work and living. The disability must be one that significantly affects the child’s ability to function on a day-to-day basis. This can include things like difficulty speaking, moving, or learning.
If Possible, Parents Should Agree on Rights and Duties of The Child
When two parents in Austin divorce, they have to determine which parent has the right and duty to decide on the child’s medical care. This can be a difficult decision for divorcing couples, especially if they have a special needs child. If a decision cannot be made amicably, the court will decide. While this will be done with the most care possible, it’s not ideal because the judges simply don’t have the necessary depth of information about the situation and the child when making a decision about their future.
Possession, Access, and Visitation Schedule For Child With Special Needs in Texas
As any parent of a special needs child knows, routines are important. That’s why, when it comes to visitation and possession schedules, it’s important to have a plan that is flexible enough to accommodate the changing needs of a special needs child.
Under Texas Law, courts will always consider what’s in the best interest of the child when ordering a possession schedule. This means that if the parents cannot agree on a schedule, courts have the discretion to fashion a schedule that meets the unique needs of the child.
Why You Should Choose The Evans Family Law Group
Going through a divorce is difficult enough, but when you have a special needs child, it can feel like an impossible task. However, by taking the time to consider your options and seek out experienced legal help, you can make sure that your child’s best interests are taken into account throughout the process. The Evans Family Law Group is the right choice because:
- We have experience with a wide range of family law issues, including divorce, child custody, and adoption. We also have experience with more complicated issues like managing child support and custody orders for children with special needs.
- We will do everything we can to make the process as easy as possible for you and your family. We will listen to your concerns and answer all your questions.
- We will also keep you updated on the status of your case so that you can be as prepared as possible for what’s ahead.
If you need legal help, please contact us today to schedule your free consultation.