A Special-Needs Child Complicates Custody And Support Issues

Representing families Throughout Fort Bend, Harris & Brazoria Counties

The challenges of divorce are compounded when you and your spouse are raising a child with special needs. Several additional considerations must be factored into what is in the best interest of the child when determining child custody and visitation matters, as well as child support.

I am Michael D. Tracton, founding attorney of the Tracton Law Firm, PLLC I have personal experience raising a special-needs child myself, so I understand the challenges and concerns you face.

Unlike parenting plans and custody orders for most children, those for special-needs children must be micromanaged. It is important to retain the services of a lawyer who can clearly explain to the court that the parenting plan must be as detailed and comprehensive as possible to ensure that the child’s best interests are met.

Is Your Child In The Special Needs Category?

A number of children who fall into the “special needs” category, include those with:

• Chronic or life-threatening medical conditions
• Learning disabilities
• Attention deficit hyperactivity disorder (ADHD)
• Autism
• Asperger’s syndrome
• Psychological or behavioral disorders (depression, bipolar disorder, etc.)

In custody disputes involving special needs children, the court must be made aware of the child’s individual issues, particular specialized needs and parameters of required care. The court will want complete information about professional diagnoses, and whether both parents concur with the diagnoses and the proposed treatment for the child.

The court may have to consider whether one parent is better trained to deal with the child’s needs, or whether one parent’s schedule is better suited to meeting the everyday needs of the child. It is important to consider each parent’s proximity to proper medical care in case of emergency, as well as proximity to the school that is best suited to handle the child’s needs.

Most of these factors as well as additional concerns must be considered before determining a visitation plan.

Get Straight Answers To Your Important Questions

To speak with a Sugar Land lawyer regarding the custody of special needs children — a lawyer who has firsthand experience with a special needs child himself — use my online contact form to schedule an Initial Consultation.