Going Through a Divorce with a Child with Special Needs

A divorce case in Texas can get complicated if children are involved. Divorcing parents in Texas and elsewhere not only need to address the normal divorce issues, but also make decisions regarding the children involved. And, if that does not complicate the matter enough, when a child with special needs is involved, the matter can have several added challenges.

A child with special needs is typically a child that the public school system considers eligible for special education services. This often includes children diagnosed with autism, developmental delays, emotional disturbances, learning disabilities, physical and health impairments, and hearing and visual impairments. With a child with special needs, there can be unique issues, further complicating family law issues involved in a divorce.

Divorcing with a special needs child requires additional care and attention to the specific needs of the child. This means carefully structuring child support so that the child does not lose necessary public benefits or the ability to get the care and resources the child requires.

Changes and transitions can be difficult for some children with special needs. Divorcing parents need to be attentive to this, understanding how this could impact physical custody. There are many factors to consider, such as when one parent has taken on the role of caring for the child, providing the time and travel to and from medical appointments and other professionals, it may be beneficial to give primary placement to this parent.

While the end goal is the same, no two marriages end the same way. The dissolution process can be a trying time, causing spouses and parents to be faced with various and unique issues. Taking the time to understand one’s rights could help one not only protect their rights but also the interests of the child involved.

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