How Do I Protect My Special Needs Child During Our Texas Divorce?

 Posted on March 08, 2024 in Child Custody

Sharing a special needs child during a divorce can be very stressful. Special needs children typically have more rigorous needs, especially when it comes to scheduling and predictability, and this type of complex child custody situation can make the overall divorce process more challenging. Even when both parents are focused on what is best for a child, it can be difficult to figure out how to protect your special needs child during divorce and ensure your child will be fully taken care of after your divorce is finalized.

A compassionate Texas divorce and complex child custody lawyer with experience working with special needs families can help you navigate this process and advocate for the best needs of you and your special needs child.

Navigating a Complex Child Custody Situation

Complex child custody situations are those that involve children with special needs, those that are highly contested, and custody cases involving adoption. In the case of a special needs child, it can be difficult for parents to agree on the best healthcare methods, educational methods, and division of visitation.

To navigate a complex child custody situation involving your special needs child, you may need to come to decisions about the following:

• How time with each parent is divided

• The best way to transport your child

• The specialized care needs the child has and how each parent will ensure they are met

• Where medical equipment or other specialized items are kept, and whether or not you need duplicates of these items

• Which parent will transport the child to doctors’ appointments or other healthcare appointments

• Child support, alimony, and other payments from one parent that help support a child’s healthcare and educational costs

Will the Court Put My Child’s Needs First?

Under Texas Family Code, the child’s needs and best interests in a divorce are put first. It is also important to note that the gender of a parent does not factor into decisions for custody arrangements. Instead, the parent that is deemed more suited to care for the child may be awarded primary custody, and this decision does depend on your unique circumstances and your child’s specific needs.

In cases where a divorce is highly contested and you cannot come to a co-parenting agreement with your spouse about your special needs child, you may need to work with a mediator or a guardian ad litem to ensure a mutually satisfying agreement that benefits your child is made. In the unlikely event that your case moves to court proceedings, the judge will look at all the circumstances of the case and make a decision that is in your child’s best interests. 

Contact an Austin, TX Complex Child Custody Attorney

Dealing with a divorce is difficult, especially if you want to make sure that your special needs child is well taken care of after a divorce. Contacting a Travis County, TX complex child custody lawyer at Powers and Kerr, PLLC is the first step to navigating your divorce with a special needs child. Call 512-610-6199 for a consultation.