At The Cook Law Firm & Associates PLLC, we understand that disability can significantly impact family law matters in Texas. Whether you’re dealing with divorce, child custody, or spousal maintenance issues, it’s important to understand how Texas law addresses disability. Here, our Texas family lawyers will explore the statutory basis for disability considerations in Texas family law and how it might affect your case.
Defining Disability in Texas Family Law
In Texas family law, the concept of disability is primarily addressed in the context of spousal maintenance and child custody. The Texas Family Code doesn’t provide a single, comprehensive definition of disability for all family law matters. Instead, the relevance and definition of disability can vary depending on the specific legal issue at hand.
For spousal maintenance purposes, Texas Family Code Section 8.051 refers to an “incapacitating physical or mental disability” as a factor that can make a spouse eligible for maintenance. However, the statute doesn’t provide a specific definition of what constitutes an incapacitating disability, leaving room for interpretation based on individual circumstances.
In child custody cases, disability is considered as part of the broader “best interest of the child” standard. Texas Family Code Section 153.002 states that “The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.” While disability isn’t explicitly mentioned in this section, it can be a relevant factor in determining a parent’s ability to care for a child.
Disability and Spousal Maintenance
One of the most significant ways that disability can impact family law in Texas is in the context of spousal maintenance. Under Texas Family Code Section 8.051, a spouse may be eligible for maintenance if they lack sufficient property to meet their minimum reasonable needs and have an incapacitating physical or mental disability that prevents them from earning sufficient income.
It’s important to note that the disability must be incapacitating, meaning it significantly impairs the spouse’s ability to support themselves. The court will consider various factors in determining whether a disability is incapacitating, including the nature and severity of the disability, its impact on the spouse’s ability to work, and any medical evidence presented.
If a spouse is found eligible for maintenance due to an incapacitating disability, the duration of the maintenance can be affected. Texas Family Code Section 8.054 allows for maintenance to continue for as long as the spouse continues to satisfy the eligibility requirements, which could potentially mean indefinite maintenance in cases of permanent disability.
Disability and Child Custody
In child custody cases, also known as conservatorship in Texas, disability can be a factor in determining the best interest of the child. However, it’s crucial to understand that having a disability does not automatically disqualify a parent from custody or visitation rights.
Texas Family Code Section 153.003 explicitly states that “The court shall consider the qualifications of the parties without regard to their marital status or to the sex of the party or the child in determining (1) which party to appoint as sole managing conservator; (2) whether to appoint a party as joint managing conservator; and (3) the terms and conditions of conservatorship and possession of and access to the child.”
This means that while a parent’s disability may be considered as part of their overall ability to care for the child, it cannot be the sole determining factor in custody decisions. The court must look at the totality of circumstances and how the parent’s disability impacts their ability to meet the child’s needs.
In some cases, a parent’s disability might actually be seen as a positive factor in custody decisions. For example, a parent who has successfully managed their disability might be viewed as demonstrating resilience and problem-solving skills that could benefit their child.
Modification of Orders Due to Disability
Texas law recognizes that circumstances can change, including the onset or worsening of a disability. Texas Family Code Section 156.101 allows for modification of child custody orders if there has been a material and substantial change in circumstances and the modification would be in the best interest of the child.
Similarly, for spousal maintenance, Texas Family Code Section 8.057 allows for modification of maintenance orders if there has been a material and substantial change in circumstances. This could include situations where a spouse develops a disability after the initial order was made or where a disability worsens over time.
Disability Accommodations in Family Law Proceedings
It’s important to note that individuals with disabilities have rights to reasonable accommodations in legal proceedings. The Texas Judicial Branch is committed to ensuring access to justice for all individuals, including those with disabilities.
If you have a disability that requires accommodation in court, you can request assistance. This might include sign language interpreters, assistive listening devices, or other accommodations to ensure you can fully participate in your case.
Social Security Disability and Family Law
While not directly part of Texas family law, it’s worth mentioning that Social Security Disability Insurance (SSDI) can intersect with family law matters. For example, if a parent is receiving SSDI benefits, this can impact child support calculations. Additionally, in some cases, children of disabled parents may be eligible for benefits, which can be a factor in financial considerations during divorce or custody proceedings.
Protecting the Rights of Disabled Parents
Texas law includes provisions to protect the rights of disabled parents. Texas Family Code Section 161.003, which deals with termination of parental rights, specifically states that a court may not terminate the rights of a parent with a mental illness or deficiency solely on that basis. Instead, the court must find that the mental illness or deficiency renders the parent unable to provide for the physical, emotional, and mental needs of the child.
This provision underscores the importance of looking at the whole picture when considering a parent’s ability to care for their child rather than making assumptions based solely on the presence of a disability.
Special Needs Children in Family Law Cases
While this post primarily focuses on disability as it relates to parents or spouses, it’s also important to mention the impact of having a child with special needs on family law cases. Texas Family Code Section 154.123, which outlines additional factors for the court to consider in determining child support, includes “special or extraordinary educational, health care, or other expenses of the parties or of the child” as a relevant factor.
This means that if a child has a disability that results in additional expenses, this can be taken into account in determining child support obligations. It may also impact custody decisions, as the court will consider which parent is best equipped to meet the child’s special needs.
Our Texas Family Lawyers Can Help
If you’re dealing with a family law issue in Texas and disability is a factor in your case, don’t face it alone. Contact The Cook Law Firm & Associates PLLC today at 210-740-0281 to schedule a consultation. Let our experienced attorneys help you handle these difficult issues and work toward a resolution that protects your rights and serves the best interests of you and your family.