Protecting What Matters Most
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.
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.
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.
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:
If you need legal help, please contact us today to schedule your free consultation.
James W. Evans is a board-certified family law attorney and the founder of Evans Family Law Group. With over 25 years of experience, he has built a reputation as a trusted advocate for Texas families navigating divorce, custody, and complex family law matters.
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I had a great experience working with Jimmy Evans on my divorce case. He provided excellent counsel and always focused on getting me the best results. He was accommodating and made sure I understood each step of the process. His paralegal, Dina, was also wonderful! She kept communication clear and timely, and I could always count on her for quick updates and answers. The firm as a whole was efficient, professional, and supportive, which made a difficult process much easier to navigate. I highly recommend Jimmy Evans and his team.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney James Evans, who has more than 20 years of legal experience as a family law attorney.
At Evans Family Law Group, we combine our in-depth knowledge, strategic approach, and commitment to you to achieve optimal results.
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