The Law Office of Bryan Fagan excels at helping clients work through complex child custody scenarios. When you are facing a situation involving the life of your child, it can be not easy to know where to turn for help. With so many factors in play, you don’t want to minimize important considerations and make a wrong decision. That is where the Law Office of Bryan Fagan comes in to help. We know how to provide you with context and information about your case, which can assist your family tremendously.
When it comes to child custody challenges, having a special needs child presents you with the potential for many obstacles to overcome. Of course, you love your child with all your heart. So much of what you do daily is geared toward serving your child and their needs. However, that does not mean that these challenges need to be overwhelming. Alongside these challenges come opportunities for growth and success. That is- if you identify those opportunities and seek to take advantage of them.
In today’s blog post from the Law Office of Bryan Fagan, we will discuss what it means to conquer challenges related to having a special needs child. Whether you are an experienced special needs parent or are just starting, our attorneys are here for you. If you have any questions regarding this topic, please contact the Law Office of Bryan Fagan. We offer free consultations six days a week. Ask your questions and receive feedback instantly from one of our attorneys.
What principles are most critical when decision-making for your special needs child?
When you must decide about an important topic it is normal to feel overwhelmed. Typically, there are so many factors, issues, and considerations that many times we don’t know where to begin. It’s cleaning up a messy room. Where should you begin your cleaning efforts? Pick up the socks or put away the toys dumped out in every direction? A family law case is like that problem on a major scale. Sometimes we feel stuck in the mud- unable to decide- because of all the small choices that must be made.
As a special needs family, you can draw upon your history of making complex decisions. Family courts apply principles related to the best interests of your child when making decisions for your child. The best interests of the child standard is a tried and true method of making important decisions for your child. Instead of trying to capture a range of topics at random, the best-interests standard attempts to wrangle many topics into one, set analysis.
Begin your family law case by examining what is in your child’s best interests. After all, nobody knows your child’s needs better than you do. You and your co-parent are tasked with making decisions in the best interests of your child every day. Courts are hesitant to take away that right from you even in a family law case. As a result, you and your co-parent are given every opportunity to make a best-interest determination for your child without the intervention of a court.
Special needs child custody cases put parents in the driver’s seat
Contrary to what many parents believe, the family courts of Texas do not usurp your authority to make decisions on behalf of your child. Texas does have guiding principles when it comes to decision-making within a family law case for children. However, that does not mean that the court will immediately take the opportunity to make those choices. Rather, courts provide you the parent with multiple attempts to outline court orders that will ultimately serve the best interests of your child.
For instance, you and your co-parent can specify in a petition and/or counterpetition what sort of rights and duties are important to you all. Depending upon the needs of your child you can specify to the court what needs to be included in an order which outlines parenting roles and decision-making authority. Again, this is all geared towards what suits your child best. From your child’s safety to their emotional development, this is an important series of decisions.
Your family court enters a case with the presumption that you make decisions that are in the best interests of your child. With that said it will be reluctant to remove you from the primary decision-making role in the life of your child. Do not accept the notion that you are powerless to advocate for your child once a family law case begins. Rather, take advantage of every opportunity available to guide your case in a direction that serves your child.
Maximize your opportunity to benefit the life of your special needs child
When it comes to a family law case involving your special needs child planning is a huge part of the process. It is possible to wander into a divorce. However, it is extremely difficult to wander out of a divorce having achieved anything noteworthy. Rather, you must be able to prepare diligently for the child custody case. Consider your family’s needs and then move out from there.
If your child has a physical need that must be accounted for then you need to know everything possible about that condition. This way you can accommodate your child where needed. Some children need to be transported from home to home in a special vehicle or using specific safety precautions. By making sure that your court orders reflect that reality you are serving your child well.
Families with children who have mental impairments need to prepare, also. For many families, a child custody case offers the possibility of a re-set towards serving that child well. Do you need to re-evaluate the treatment your child has been receiving? Have his therapy sessions been less productive of late? Do you need to schedule an appointment with his doctor to discuss a change in his medication? Sometimes your family needs something major like a family law case to cause you to re-evaluate your situation.
The attorneys with the Law Office of Bryan Fagan have walked alongside many families in your shoes. We understand that diligent preparation is the key to any success in a family law case. When you decide to hire our office to serve you, we don’t take that confidence for granted. We aim from day one to exceed your expectations and care for you as we would our own family.
Conservatorship needs for a special needs child
While we have been discussing custody challenges throughout today’s blog post it is important to note that the Texas Family Code does not contain the term “custody” even once. Rather, the term contained in our statutes is conservatorship. We see custody used so frequently because it is a good, general term to catch all the different subjects related to child custody. As a result, you will hear custody much more frequently in your case than in a conservatorship.
Two different parts of conservatorship stand to impact your child. The first is the rights you hold relating to your child. For instance, most parents are named as joint managing conservators. This is due in part to the presumption that both parents should be named as joint managing conservators of their children. Parents can heavily impact the lives of their children. As a result, courts are hesitant to allow both parents a direct role in caring for their child.
The other area of conservatorship we need to discuss has to do with duties. You have a duty to care for your child. A roof over his head, clothing, and food are the basics of what you would need to provide him. Essentially, these are the same duties you have always had. The key difference now is that these rights and duties are spelled out for you in writing.
Primary conservatorship of your child
As part of a conservatorship discussion, the crown jewel of conservatorship rights is becoming your child’s primary conservator. A primary conservator determines the primary residence of your child. This means that your child will live with you primarily. If your child is school-aged then your child would live with you throughout the school week. Younger children may have a somewhat different schedule depending on your work schedule.
Not only does a primary conservator get to determine where your child lives but he or she also receives child support. Child support is money paid by a noncustodial parent to the custodial parent. This money is not intended to be a substitute for other income. Indeed, it is expected to help your child have a certain level of care. That level is nothing outlandish and should be seen as a baseline for care. Many parents assume that child support is intended to help their child maintain their former lifestyle. That is not true.
Preparing to be named primary conservator of a special needs child takes time. There are many considerations to weigh during this part of a case. One of the most crucial considerations relates to the daily needs of your child. Are you equipped to care for him or her every day in the way that he or she needs their parent to do so? What is your work schedule like? Are you able to change or modify how you work to meet the needs of your child? This is a major question that you need to answer before being named as primary conservator.
Do Texas family courts favor mothers over fathers when it comes to conservatorship?
One of the assumptions that many parents have relating to their family law case is that the law, explicitly or implicitly, favors mothers over fathers. This presumption impacts how each parent approaches their family law case. On the one hand, a mother may assume that she does not need to prepare for her case. After all, why prepare if the law is just going to favor you anyway? Fathers may not prepare diligently for the same reason. Why prepare if the court will give all the rights to Mom?
It may be true that mothers more often than fathers win primary conservatorship rights. One of the major reasons why that happens has nothing to do with legal favoritism. Rather, mothers position themselves better heading into a child custody case. Winning primary conservatorship rights in a family law case has a lot to do with looking backward. As in: which parent has more frequently acted as primary conservator previously? For most parents, the answer to that question is the mother.
Are you a father who has heard the rumors about moms winning primary custody more often than dads? Does that leave you feeling defeated before your case has even begun? Do not fret. Perk up and call the Law Office of Bryan Fagan. We represent mothers and fathers across Texas in child custody cases. Your special needs child deserves to have you fully invested in your case. We can help you prepare for your child custody case no matter your circumstances.
What does a special needs child require from their parents?
From a legal perspective, there are no special laws for special needs children. Families like yours have incredible challenges and opportunities as part of a child custody case. This would have been true no matter if you have a special needs child or not. Approaching your case takes some finesse and a great deal of patience. The problems your child has will not be solved in one day. You may be in a position where the best you can do is care for your child wherever he or she currently is.
Your child needs love from you and your co-parent. Love can be shown in a variety of ways, not the least of which is through co-parenting. Working together with your co-parent means putting aside your differences and focusing on what matters the most in your case- your child. Even parents who disagree on fundamental aspects of parenting can usually see that their differences can be overcome by focusing on the best interests of their child. These best interests are presumed to be furthered by you and your co-parent working together to solve complex problems as a team.
While your child may be facing complex circumstances you can work as a team to overcome those. Your child did not ask to have special needs and you are in a position to help your child. Those special needs do not have to define your child’s entire life. All children have an inherent dignity. As a result, your child can come out of this family law case with a perspective that is focused on their future. That is if you prepare diligently for what is to come.
How can an attorney help in your special needs child custody case?
Attorneys are a short-term investment into your long-term future. A family law attorney with the Law Office of Bryan Fagan knows how to help a family like yours through the challenges of a family law case. No two family law cases are the same. The reason for this is that no two families are the same. As a result, our office takes a personalized approach to each family law case we represent. There is “copying and pasting” any strategies used from case to case at our office.
Rather, we talk to our clients about their goals and concerns immediately after you sign on as a client of our office. We understand that there are challenges that come with a special needs family law case. These are challenges that we do not shy away from. Our experienced attorneys provide you as a client with a strategy to help you accomplish whatever you set out to do in your case. The lines of communication are always open at the Law Office of Bryan Fagan.
With so much riding on the results of the family law case, there is an understandable amount of concern entering into your case. However, the attorneys with the Law Office of Bryan Fagan seek to help your family set aside that concern and embrace the challenge with both arms. That way you can serve your child well and do so with peace of mind. The Law Office of Bryan Fagan excels in difficult, stressful circumstances.
Final thoughts on your special needs child custody case
The attorneys with the Law Office of Bryan Fagan thank you for choosing to spend part of your day here on our blog. We post unique and informative blogs seven days a week. Any questions you have about the content of today’s blog post can be addressed to one of our experienced family law attorneys. We hope to see you again tomorrow as we continue to post helpful and entertaining blogs on Texas family law.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
