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Are You a Parent of a Special Needs Child Getting Divorced? Four Special Considerations

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Are you the parent of a special needs teenager or young child? According to data from the National Center for Education Statistics (NCES), approximately 15 percent of school children nationwide have special needs. If you are a parent of a special needs kid and you are preparing for a divorce, there are some unique issues that you need to keep in mind. Here, our Houston child custody attorney highlights four special considerations for parents in this situation.

  1. You Need to Account for Your Child’s Unique Needs in a Custody Arrangement 

When parents of a special needs child in Houston are getting divorced, crafting a custody arrangement that carefully addresses the child’s unique needs is absolutely crucial. The reality is that these vulnerable children/teenagers often require specific living conditions, consistent routines, specialized medical care, and additional emotional support. All of these issues should be considered when designing living arrangements and visitation schedules. Texas law encourages arrangements that best support the child’s physical, psychological, and emotional requirements.

  1. A Time-Sharing Schedule Should (Generally) Limit Transitions 

For children with special needs, stability and routine often provide more than comfort—they are downright essential for physical, mental, and emotional health. When parents of special needs kids divorce in Texas, they should often work to limit the frequency of transitions between homes. A time-sharing schedule with fewer transitions can help minimize stress and disruption for the child. Texas courts favor arrangements that support the child’s best interests—and for special needs children may mean longer durations at each parent’s home to reduce the overall stress. 

  1. Additional Child Support May Be Required to Account for Special Needs 

Texas has specific state child support guidelines in place. However, courts allow a deviation from the child support guidelines when deemed appropriate and necessary. Notably, a child’s special needs can warrant additional child support. These children may require specialized therapies, equipment, or care that can significantly increase expenses. Texas law allows for child support adjustments to cover these additional costs. A Houston family law with experience navigating complex child support cases can help to protect your rights. 

  1. Parents Should Carefully Consider Available Government Resources 

Finally, parents of special needs children going through a divorce in Texas should explore all available government resources. Programs like Medicaid or Social Security Disability Insurance can provide crucial support, but navigating eligibility and applications can be complex. Understanding how divorce impacts these benefits is vital—as certain settlements could affect a child’s eligibility. A top-tier Houston, TX divorce lawyer can help your unique family find the best solution.

 Contact Our Houston Child Custody Lawyer Today

At Lindamood & Robinson, P.C., our Houston child custody attorney has the skills and experience to work with parents of special needs kids. If you have any specific questions about your divorce or separation, please do not hesitate to contact us today for a confidential initial appointment. With an office in Houston, our firm represents parents in divorce throughout Southeast Texas.

Source:

nces.ed.gov/programs/coe/indicator/cgg/students-with-disabilities#:~:text=In%202022%E2%80%9323%2C%20the%20number,of%20all%20public%20school%20students.

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