Planning for a Special Needs Child During Divorce

 Posted on August 10, 2025 in Child Custody

For parents of a child with special needs, the divorce process presents significant additional considerations. Routine decisions about custody, child support, and visitation must be made while thinking about a child’s long-term medical, developmental, educational, and financial needs. For families in Bexar County and throughout the San Antonio area, it is an excellent idea to work with a family law attorney who understands how to protect the well-being of a child with special needs, both at the time of the divorce and well into the future.

The Bexar County, TX divorce attorneys at our firm practice family law exclusively, and we have particular experience advocating for parents of children with autism, intellectual disabilities, mobility impairments, and other lifelong challenges. The legal system offers tools to help families craft lasting support systems, but only if those tools are properly applied during the divorce process.

Custody and Conservatorship for Special Needs Children in a Divorce

In Texas, child custody is referred to as conservatorship, and decisions are based on the best interests of the child. But for children with significant needs, the standard framework may not go far enough. A typical custody schedule may not account for therapy appointments, medical equipment, in-home support, or behavioral triggers. Likewise, alternating weeks or weekends may not provide the continuity or stability your child needs to thrive.

In these cases, it is possible, and often necessary, to design a highly customized parenting plan. This may involve designating one parent as the primary managing conservator to streamline medical decision-making, or developing a modified possession schedule that ensures consistent care from familiar people. Transportation logistics and transitions may also require special consideration.

Because the stakes are so high, it is especially important that your attorney not only understand Texas family law but also take the time to understand your child’s diagnosis, therapies, and day-to-day needs.

Child Support and Long-Term Financial Planning for Special Needs Children

In most Texas divorces, child support ends when the child turns 18 or graduates from high school. However, Texas Family Code § 154.302 allows courts to order indefinite child support for a disabled child if the disability existed (or was known to exist) before the child’s 18th birthday and prevents the child from becoming self-supporting.

This form of extended support is not automatic. It must be requested during the divorce or modification process, and the court will look closely at the nature of the disability, the child’s needs, and the parents’ financial circumstances. If the issue is not raised, and support is terminated at age 18, it is difficult to restore it later without a formal modification proceeding.

In addition, families must be cautious not to jeopardize eligibility for government benefits such as SSI or Medicaid. A large child support payment could disqualify a disabled adult from receiving essential public support.

In these cases, it is often wise to explore special needs trusts, which can be used to hold support payments in a way that preserves eligibility while providing for the child’s supplemental needs. This requires coordination with both your family law attorney and an estate planning professional.

Healthcare, Education, and Future Decision-Making for a Special Needs Child in a Texas Divorce

Many special needs children require ongoing advocacy in school, medical, and social service settings. Your divorce should address which parent will manage IEP meetings, therapy providers, and insurance issues. As your child nears adulthood, you may also need to plan for guardianship, power of attorney, or other tools to ensure continuity of care and decision-making.

If one parent is more involved in these processes, it may be appropriate to allocate decision-making rights accordingly. Courts are open to thoughtful, well-supported plans,  but they must be presented clearly and legally.

Contact a San Antonio, TX Divorce Attorney

If you are considering divorce and have a child with special needs, contact a Bexar County, TX family lawyer at Brandon Wong & Associates. Our firm provides experienced, dedicated representation for parents navigating complex family matters. Call 210-201-3832 to schedule a consultation.