At The Cook Law Firm & Associates PLLC, we understand that families with disabled children face unique challenges, particularly when it comes to family law matters. Texas law recognizes these challenges and provides specific provisions to address the needs of disabled children in various family law contexts. Here, our Texas family lawyers will explore the statutory basis for considerations involving disabled children in Texas family law and how it might affect your case.
Defining Disability in the Context of Children
In Texas family law, the definition of a disabled child can vary depending on the specific legal issue at hand. Generally, a child with a disability is one who requires personal supervision and substantial care because of a mental or physical disability and will not be capable of self-support as an adult.
The Texas Family Code addresses disabled children in several sections. For instance, Section 154.302 defines a “disabled child” for the purposes of child support as an individual, regardless of age, who requires substantial care and personal supervision because of a mental or physical disability and who is not capable of self-support.
Child Support for Disabled Children
One of the most significant ways that having a disabled child impacts family law in Texas is in the realm of child support. Typically, child support obligations end when a child reaches the age of 18 or graduates from high school, whichever occurs later. However, Texas law recognizes that disabled children may require support well into adulthood.
Under Texas Family Code Section 154.302, a court may order child support for an adult disabled child if the disability existed before the child’s 18th birthday or the disability is known to develop before the 18th birthday. This provision ensures that parents continue to support their disabled child even after they reach the age of majority.
The amount of support for a disabled child is determined based on the needs of the child and the abilities of the parents to provide support. The court will consider factors such as the nature and extent of the child’s disability, any special care or treatment required, and the financial resources available to both parents.
Also, Texas Family Code Section 154.306 allows the court to order that child support for a disabled child be paid directly to the child, to a special needs trust, or to a guardian, depending on what’s in the best interest of the child.
Custody and Visitation Considerations for Disabled Children
When it comes to custody and visitation, also known as conservatorship and possession in Texas, having a disabled child can significantly influence the court’s decisions. While the “best interest of the child” standard applies to all custody cases, as stated in Texas Family Code Section 153.002, the specific needs of a disabled child require careful consideration.
The court will evaluate each parent’s ability to meet the child’s special needs, including their ability to provide necessary medical care, therapy, and educational support. This might involve considering factors such as the parent’s work schedule, their proximity to the child’s healthcare providers or special education facilities, and their ability to manage the child’s daily care needs.
Texas Family Code Section 153.009 allows the court to interview a child 12 years of age or older to determine the child’s wishes regarding conservatorship or other issues. For disabled children who are capable of expressing their preferences, this can be an important factor in the court’s decision-making process.
Special Needs Trusts and Estate Planning
While not directly part of the Texas Family Code, it’s worth mentioning that families with disabled children often need to consider special estate planning measures. Texas Property Code Section 142.005 allows for the creation of special needs trusts for disabled individuals. These trusts can be a valuable tool in ensuring that a disabled child’s needs are met long-term without jeopardizing their eligibility for government benefits.
In divorce cases involving a disabled child, the creation of a special needs trust might be part of the property division and future planning discussions. Our Texas family attorneys at The Cook Law Firm & Associates PLLC can help you understand how these trusts work and whether they might be appropriate for your situation.
Education Rights for Disabled Children
While not strictly a family law issue, education rights for disabled children can intersect with family law matters, particularly in custody disputes. The Texas Education Code, in alignment with federal law, requires that children with disabilities receive a free and appropriate public education.
In custody cases involving a disabled child, the court may consider each parent’s ability and willingness to advocate for the child’s educational needs. This might include factors such as which parent is more involved in the child’s Individualized Education Program (IEP) meetings or which parent is better equipped to manage the child’s educational accommodations.
Medical Decision-Making for Disabled Children
In cases involving disabled children who require ongoing medical care, the allocation of medical decision-making rights becomes particularly important. Texas Family Code Section 153.074 outlines the rights and duties of a parent appointed as a conservator, which includes the right to consent to medical and dental treatment.
For disabled children with significant medical needs, the court may need to carefully consider which parent is best equipped to make medical decisions. This might involve evaluating factors such as each parent’s understanding of the child’s medical condition, their ability to communicate effectively with healthcare providers, and their track record in managing the child’s medical care.
Modification of Orders for Disabled Children
Texas law recognizes that the needs of disabled children can change over time. Texas Family Code Section 156.101 allows for modification of conservatorship, possession, or access orders if there has been a material and substantial change in circumstances and the modification would be in the best interest of the child.
For disabled children, a material and substantial change might include changes in the child’s medical condition, developments in available treatments or therapies, or changes in the child’s educational needs. The court will consider how these changes impact the child’s best interests and may modify orders accordingly.
Support for Caregivers of Disabled Children
Recognizing the challenges faced by caregivers of disabled children, Texas law includes provisions to support these individuals. For example, Texas Family Code Section 154.182 allows the court to consider the additional expenses incurred by a parent in caring for a disabled child when determining child support obligations.
Additionally, in cases where one parent is the primary caregiver for a disabled child, this factor may be considered in spousal maintenance determinations. The court may recognize the impact that caregiving responsibilities have on a parent’s ability to work outside the home and may award maintenance accordingly.
Our Texas Family Lawyers at The Cook Law Firm & Associates PLLC Can Help
If you’re dealing with a family law issue in Texas and have a disabled child, we’re here to help. Contact The Cook Law Firm & Associates PLLC today at 210-740-0281 to schedule a consultation. Let our experienced attorneys guide you through these matters and work towards a resolution that protects the rights and serves the best interests of you and your disabled child.