Divorce With a Disabled Child in Texas

Divorce is never easy, but for special needs parents, the challenges often multiply. At the Law Office of Bryan Fagan, PLLC, we’ve seen how even the most dedicated couples can reach a breaking point. When special needs parents divorce, they carry the emotional weight while actively managing their child’s daily care. They attend frequent medical appointments, coordinate therapy sessions, and make long-term plans, all while navigating a complex legal process.

Unlike standard divorces, these cases require careful attention to legal decision-making, financial support, and guardianship. If you’re a parent in this situation, you may wonder how much influence you’ll have over your child’s medical care or educational decisions. Understanding your rights and creating a detailed parenting plan can ensure your child’s needs remain front and center, even as you transition into a new phase of life.

Practical considerations for transportation and medical expenses

On a practical level, is your child able to travel safely between your home and wherever your spouse ends up living? Is it going to be a complex logistical situation to allow your child to get into a vehicle to make the drive? Sometimes, the exertional requirement of getting up out of the house and into a car can be too much on certain days. You want to avoid putting your child through any undue stress or hardship.

Finally- related to the medical treatment that we discussed earlier- are you going to be able to afford all of the necessary medical expenses associated with caring for your child now that you will be in a single-income household? What if your spouse is not as willing as he or she has always been to this point as far as paying medical bills and providing transportation? How will this work out after your divorce is finalized?

I can tell you that while your concerns are undoubtedly heartfelt and legitimate, you are not the only parent who is worrying about these things right now. Today’s blog post will discuss some concepts to think about as you move toward divorce. Worrying is one thing- but to worry and not plan is another. I hope to assist you in planning for life after your divorce, bearing in mind your child’s specific needs.

Getting a divorce means getting orders from a judge regarding custody and other subjects

The result of a divorce is that you and your spouse will both sign a Final Decree of Divorce that contains all of the provisions associated with your children and your property. These are the marching orders that you and your spouse will abide by once your divorce has become finalized. The decree must include provisions for visitation, a possession schedule, child support orders, and specific arrangements for your disabled child.

Child Support needs to be considered especially important for your disabled child

Let’s assume you are named the primary conservator of your child during the divorce. This designation grants you the right to determine your child’s primary residence and to receive child support payments from your ex-spouse. While this is a standard setup for parents after a divorce, you should start to think about what you would like your final decree to read regarding your ability to care for your disabled child.

For instance, most child support orders stop once your child graduates from high school or turns 18, whichever occurs later. However, your child may need financial assistance and support for the entirety of their adult life or at least for some time after the age of 18. As a result, you need to negotiate for and obtain an order that allows you to receive child support for whatever period you believe is necessary to meet your child’s minimum basic needs. Your ex-spouse would readily agree to this in a perfect world based on a mutual understanding that your child needs it and is in their best interests. Unfortunately, this is not always guaranteed. You need to prepare to advocate for this and negotiate during mediation.

You must account for additional costs related to your child’s disability in the amount of child support you receive. Typically, child support amounts to 20% of your ex-spouse’s net monthly income. However, this standard amount may not cover all your child’s ongoing needs and care. If negotiations for a higher support level fail, it’s important to note that you can present evidence in court to support a higher amount. This may require going to trial, a decision best made in consultation with your attorney.

Handling custody agreements with a disabled child

The term “custody,” as we commonly understand it, does not appear in the Texas Family Code. What custody refers to, generally speaking, is a combination of visitation and possession of your child. A custody agreement discusses where your child will live primarily. Also, and this is just as important, the contract will dictate which parent will be able to make decisions for your child regarding their medical care and education.

Typically, parents like yourself will share in the decision-making responsibilities. This is relevant to you because your child will likely require changes and updates to their treatment regimen with regularity. Some of these changes can only be achieved through thoughtful discussion. Are you going to have as much say-so as you believe necessary to protect your child’s best interests? If your child receives a diagnosis for a new condition, you would likely want to ensure that you can choose their care schedule and physician. This portion of your divorce decree concerns those topics.

Finally, many custody agreements place restrictions on where your child can live. For example, suppose your divorce is in Harris County. In that case, it is common to have a geographic condition that limits your child’s ability to live in Harris and its contiguous counties (counties that border Harris). If you decide to live outside the area after your ex-spouse moves, the geographic restriction is lifted. The condition is essential for your family in that caring for your child will likely be a team effort rather than something that you do on your own.

What is a parenting plan?

A parenting plan details what is necessary for your child’s daily care and goes into some detail on how you and your ex-spouse will “co-parent” your child after the divorce. Many parents include this section in the decree but do not give it much thought afterward. For you, as the parent of a child with a disability, this section should have special meaning since you will want to ensure that your child receives consistent and reliable care no matter which parent they are with.

You can be as detailed as you would like, and I recommend doing so. If you feel more comfortable including special instructions on how medical equipment works, how often to administer a particular medication, or how to use a specific assistive device like a walker, you can do so. In that case, it is your prerogative to include that in the parenting plan. Your divorce decree should not be cookie-cutter. It should take into account your specific circumstances. Remember that your efforts aim to help your child live their best life.

Conclusion

Navigating a divorce as special needs parents brings a level of complexity that goes far beyond the typical separation. When a child requires ongoing medical care, therapy, or specialized education, every legal decision—from custody to support—must reflect those needs. At the Law Office of Bryan Fagan, PLLC, we understand that special needs parents’ divorce cases demand tailored solutions and extra care. We work closely with families to ensure parenting plans, conservatorship arrangements, and financial support align with the child’s long-term well-being. Our goal is to protect what matters most—your child’s future—while guiding you through this difficult transition with clarity and compassion.

Tomorrow, we will share tips on spousal maintenance and managing a divorce when you have a disabled child

We will continue to discuss the essential attributes of a divorce involving a disabled child in tomorrow’s blog post. In the meantime, if you have any questions regarding this subject or any other in family law, please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. We offer free-of-charge consultations six days a week with one of our licensed family law attorneys.

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