Divorcing in Houston with Special Needs Children

Going through a divorce is never easy, but when you’re a parent of a child with special needs in Houston, the challenges can seem overwhelming. You’re not just worried about splitting assets or figuring out custody arrangements; you’re concerned about maintaining the specialized care and support your child requires.

At Moving Forward Divorce, we understand your concerns and want to provide you with essential information, resources, and legal considerations to help you through this difficult time.

The Unique Challenges of Divorcing with a Special Needs Child

As a parent in Houston facing divorce, you’re likely struggling with a whirlwind of emotions. When your child has special needs, those feelings are often amplified. You might be wondering:

• How will we continue to provide the specialized care our child needs?
• Can we maintain their current routine and support systems?
• What about future medical expenses and therapies?
• How will custody and visitation work with our child’s unique requirements?

These are valid concerns, and you’re not alone in having them. The good news is that you can navigate this process with proper planning and legal guidance while prioritizing your child’s well-being.

Why Hiring a Quality Houston Family Law Firm Matters

While it’s possible to handle a divorce without a family law attorney, when a special needs child is involved, expert legal counsel becomes crucial. Here’s why:

1. Specialized Knowledge: An experienced family law firm in Houston will understand the unique considerations of divorcing with a special needs child. They can help you address issues like long-term care planning, guardianship, and special education rights.
2. Protection of Benefits: Your child may be receiving or eligible for various benefits. A knowledgeable Houston family law attorney can help structure your divorce agreement to protect these benefits, ensuring your child doesn’t lose crucial support.
3. Complex Financial Planning: From special needs trusts to calculating future medical expenses, your family lawyer can help you make informed decisions about your child’s financial future.
4. Customized Custody Arrangements: Standard custody agreements often don’t work for families with special needs children. Your family law attorney can help craft a plan that addresses your child’s specific requirements.
5. Advocacy: In contentious situations, your family lawyer will advocate for your child’s best interests, ensuring their needs aren’t overlooked in the divorce proceedings.

Texas Laws and Your Rights

Understanding relevant Texas laws can help you navigate the divorce process more effectively. Here are two key statutes to be aware of:

1. Additional Factors for the Court to Consider in Determining Child Support. Texas Family Code § 154.123. This law allows courts to consider additional factors when determining child support for a child with special needs. This means the court can order child support payments higher than the standard guidelines to account for your child’s additional needs.
2. Creation of Management Trust. Texas Estates Code § 1202.051. This statute allows for the creation of a management trust for a person with a physical or mental disability. This law can be crucial in setting up a special needs trust to provide for your child’s long-term care without jeopardizing their eligibility for government benefits.

Practical Considerations for Divorcing Parents of Special Needs Children

As you move forward with your divorce, there are things you can do to ensure that your divorce goes smoothly, all while helping your child through this process.

First, gather all relevant medical records, Individualized Education Programs (IEPs), therapy schedules, and financial information related to your child’s care. This information will be crucial in determining support and custody arrangements. Think long-term about your child’s needs. Will they require lifelong care? How will you fund it? These are questions to discuss with your family law attorney and possibly a financial advisor.

Try to keep your child’s routine as stable as possible during the divorce process. This might mean coordinating with your soon-to-be-ex-spouse to maintain therapy appointments, school schedules, and familiar caregivers.

Addressing Common Concerns

Q: How will we divide the cost of our child’s therapies and medical treatments?

A: Your divorce agreement can include specific provisions for sharing these expenses. Your family law attorney can help you create a plan that accounts for current and anticipated costs.

Q: What if my ex-spouse doesn’t understand our child’s needs as well as I do?

A: Consider including provisions for ongoing education and training related to your child’s condition in your parenting plan. You might also require both parents to attend medical appointments and school meetings.

Q: How can we handle visitation if our child has difficulty with transitions?

A: Your parenting plan can be tailored to your child’s specific needs. This might include gradual transitions, consistent routines across households, or even the use of technology to maintain contact.

Q: What if our child will never be able to live independently?

A: Your divorce agreement should address long-term care planning. This might include provisions for guardianship, special needs trusts, and how you’ll handle major decisions about your child’s care as they age.

Q: How can we ensure our child’s educational needs are met post-divorce?

A: Your parenting plan can specify how you’ll handle IEP meetings, communication with teachers, and decisions about educational placements. Consider including provisions for how you’ll resolve disagreements about educational decisions.

Contact Our Houston Family Law Attorneys Today

Divorce is never easy, but when you’re parenting a child with special needs, it comes with unique challenges and considerations. Remember, you’re not alone in this journey. At Moving Forward Divorce, we will be there to help you through this difficult time.

While the road ahead may seem daunting, remember that many families have successfully navigated this path before you. Call us at 713-589-4748 or fill out our confidential contact form to learn more about your legal options. Call us today, and let’s talk.

THOMAS H. SMITH III

Thomas H. Smith III was born and raised in Arlington, Texas. He graduated from Texas A&M University in 2002 with a degree in Chemistry and a minor in Mathematics. He then attended the University of Houston Law Center where he served as an Articles Editor for the Houston Journal of International Law. Read more here.