Parents of a special needs child face many challenges while raising and nurturing their child. Many marriages falter and end in divorce due to the stressful demands required of parents with a special needs child. The stressors and emotional pressure that exists prior to the initiation of a divorce frequently accelerates during the divorce process. A special needs child is seriously affected by their parental decisions made during a divorce.
A divorce does not bring out the best in any couple. In the case of a special needs child, thoughtful and prudent care of the child should always be the main objective of both parents so the child knows that he/she is loved by both parents and is not at risk. A special needs child will experience serious emotional and behavioral problems during this time becoming more vulnerable and not knowing what is happening in life. The child is often afraid that he/she is losing Mom and Dad due to false and misplaced self-imposed guilt.
Many parents have already struggled with questions surrounding their child’s special needs such as correct diagnoses or the validly of treatments for their child’s conditions. During serious custody battles, such concerns become the focus of intense parental conflicts.
Some of the more serious concerns are:
A child’s reactions to overly permissive or excessively rigid parenting
Use and dosage of prescribed medicines for a diagnosed problem
Proper diagnosis being made by a competent professional
Whether a professional label and diagnosis will be noted in school records
Whether a child be placed in special education classes for leaning or emotional disabilities. Whether one parent is so occupied with the special need child that the parent has lost perspective on how to best manage the child
Often one parent accepts a child’s diagnosis given by the specialist and actively advocates for the child, while the other parent may remain in denial of the child’s obvious needs. Which parent is actually and consistently working in the child’s best interests?
Special efforts are needed when setting up possession schedules for your special needs child. Both parents must understand the nature of the child’s physical/emotional problems and the level that the child can function. When the child spends time in each parent’s home, both parents must reasonably work together and agree on a parenting approach that addresses the child’s needs.
When parents cannot agree upon the child’s actual needs and course of care, the court may appoint a specialist to conduct a complete evaluation of the child. From this evaluation the specialist will offer specific opinions to the parents and court regarding the nature of the child’s special needs and specifically address these needs.
In a divorce involving a special needs child many joint decisions are critical to and impact a child’s self-esteem. Other family issues and problems may need to temporally be put aside between the parents to assure a special needs child will fully receive the attention needed. We suggest that in the divorce decree a parenting plan be included setting out specific provisions for the care of the child.
Some suggested items to include in this Plan would be:
Can the child be cared for in the home or an outside facility and how would these costs be covered?
Medical, educational, and therapeutic interventions and decision making authority
Treatments not covered by insurance. Who is responsible as to the authority and cost?
Working with the child’s school to implement plans for the educational needs of the child.
Care decisions on parents’ ability to work outside the home with a special needs child
Handling of Lifetime care and support and the cost necessary for the special needs child
When you think of domestic violence or Intimate Partner Violence between couples what usually comes to mind? A woman being hurt or abused? This is the majority of public thought in the United States, yet the latest studies on domestic violence are showing a new and very alarming trend: notable rising rates on Intimate Partner Violence against Men.
In 2010, the Centers for Disease Control and Prevention (CDC) released a National Intimate Partner and Sexual Violence Survey. This was a serious eye opener on violence and men. In the United State for the previous 12 months, app. 5,365,000 men had been victims of intimate Partner physical violence compared with 4,741,000 women. This physical violence includes slapping, pushing, & shoving. Also tracked were more serious threats of being beaten, burned, choked, kicked, slammed with a heavy object or hit with a fist. Roughly 40% of the victims of severe physical violence were men. Again in 2011 the CDC repeated the survey and the results were almost identical!
Domestic violence (intimate partner violence) against men include emotional, sexual, verbal, physical abuse or threats of abuse. It happens in heterosexual and same-sex relationships. Have you ever felt scared of your partner and changed your behavior since you were afraid of what your partner might do? If so, you may be in an abusive relationship.
Are you being abused? What are the warning signs? What kind of abuse are you experiencing?
Emotional & Verbal Abuse:
- Calls you names, belittles you, or puts you down regularly
- Is jealous and possessive and accuses you without just cause of being unfaithful
- Tries to isolate you from family and friends
- Tries to totally control your life: how you spend your money, what you wear and where you may be going
- Constantly makes unreasonable demands for your attention.
- Blames you for her violent behavior and says you deserve it
- Gets very angry or violent when drinking alcohol or using drugs
- Biting, burning, or choking you
- Hitting, punching, or slapping
- Pushing, shoving, or throwing things at you
- Knifing or burning you
- Forcibly holding you down
- Hurting you, your children or your pets
- Forcing you to have sex or engage in sexual acts against your will
- Hurting you during sex
- Forcing you to have unsafe sex
Threats and Intimidation:
- Threatens to hurt / kill you
- Threatens to kill themselves or the children
- Stalks you
- Reads all your emails, texts, or mail
- Destroys things that belong to you
Being a man in an abusive relationship, it may seem hard finding the help that you need. It has been estimated that about 20% of men who call the police to report an abusive spouse /partner are themselves arrested for domestic violence.
You do not have to stay in an abusive relationship. You need to start by discussing your situation with either someone you trust or a health professional who can give you guidance. Gather evidence on what is happening, photographs of any injury or bruises experienced during a confrontation, threatening emails or texts that can be used in a court of law, make a list of people who have experienced confrontations between you and your intimate partner.
Stay away from any type of violence with your partner since she may try to put you into a damaging situation with the police to make you look like the abuser or try to entrap you.
You can overcome these challenges and escape from the abusive intimate partner. If you have a family or are concerned for your well-being, contact a legal professional who can help you break from this situation and also work to get your children out of harm’s way. Just remember, if you are not available for her domestic violence, a predator will look for someone else to take your place and children are easy targets!
Out of State Child Relocation and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
In today’s hectic pace, moving to another state for business, family demands, or pleasure is a very common occurrence. But what about the family that is separated by divorce or separation and share custody of their children? What happens to this family situation when Mom or Dad decides to take another job or wants to move to another state and take the children to or from the other? A Child Custody Relocation Case?
Sadly this happens frequently. Most Texas attorneys employ a geographic restriction in divorce decrees for couples who have children. These restrictions dictate that the Child and Custodial Parent must live within a school district, County of Domicile, or consecutive contingent counties near the non-custodial parent. But what happens if this restriction clause is not contained in the divorce decree or if Dad/Mom were never married?
Forty Nine States, including Texas have adopted the UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA) drafted by the National Conference of Commissioners on Uniform State Laws in 1997. The UCCJEA is a very helpful law since all states but one participate in the determination of the ”HOME STATE” and which jurisdiction will handle the family case. UCCJEA also helps to protect non-custodial Parents fighting for child custody out of state when their children have been moved to another state or over 100 miles away from them.
How does The State of Texas treat an initial Child Custody determination?
Texas Family Code 152.201 of the UCCJEA states, among other things, that a court may consider custody issues if the Child:
*Has continually lived in the state for 6 months or longer and Texas was the home state of the child within six months before the commencement of the legal proceeding.
*Was living in the state before being wrongfully abducted elsewhere by a parent seeking custody in another state. One parent continues to live in Texas.
*Has an established over significant time relationships with people (family, relatives or teachers), ties, and attachments in the state
*Has been abandoned in an emergency: or is safe in the current state, but could be in danger of neglect or abuse in the home state
Relocation is a child custody situation which will turn on the individual facts of the specific case, so that each case is tried on its own merits.
Most child custody relocation cases tried in Texas follow a predictable course:
- Allowing or not allowing the move.
- Order of psychological evaluations or social studies of family members
- Modification of custody and adjusting of child’s time spent with parents
- Adjusting child support
- Order of mediation to settle dispute
- Allocating transportation costs
- Order opposing parties to provide all information on child’s addresses and telephone number.
There is another important cause of action in Texas where the court will “take “EMERGENCY JURISDICTION’ over a case even though another state has the original jurisdiction. If the opposing party can prove that a legitimate emergency exists and Texas needs to assume the jurisdiction. These emergency situations could be abuse of the child, abandonment or cause neglect of the child, or any action that would put the child in immediate harm’s way.
The Nacol Law Firm P.C. @ www.nacollawfirm.com is committed to helping parents have the right to have frequent and continuing contact with their child at all times and encourage parents to co-share in the rights and duties of raising a stable, loving child. Many times, because of parental alienation or other personal factors, a child will be taken away from the non-custodial parent and this can cause some serious mental and behavior problems for the child which could follow her/him into a lifetime adult situation.
Sometimes you can settle, SOMETIMES YOU FIGHT FOR YOUR RIGHT! We can help!
A divorce can be grueling is transformed by law, probate, and insurance decisions made prior to divorce. It is important to know exactly what will happen to your will and life insurance if this misfortune happens to befall your family. The family unit is important and if it is fractured the question of what happens to “my will”, “my life insurance”, or “my trust” is a relevant and important one that needs to be answered.
If you are divorced from your spouse then your previous will may be in many aspects considered revoked automatically. Under the Texas Estate Code § 123.001 after a valid divorce, all provisions in a will, including all fiduciary appointments, shall be read as if the former spouse and each relative of the former spouse who is not a relative of the testator failed to survive the testator, unless the will expressly provides otherwise. The translation of this states: if you receive a valid divorce then your will is in many respects revoked and your spouse and stepchildren will receive nothing from the previous will. The one exception is if the will explicitly states that in case of divorce the previous spouse or children will still inherit. This revocation applies to fiduciary appointments as well. For instance if you have a trust and your spouse is the trustee, then she will be revoked from the trust in its entirety.
If you divorce your spouse, then your spouse’s beneficiary status pertaining to your life insurance will be automatically revoked. Texas Family Code § 9.301 states an automatic revocation upon divorce and lists three exceptions:
- If the divorce decree names the former spouse as a beneficiary
- The individual adds the divorced spouse as a beneficiary to the policy after the divorce
- The former spouse receives the life insurance as a “guardian” of the children
These are the exceptions for life insurance. If you decide to divorce your spouse unless further action is taken, the spouse will not benefit from your death regarding the life insurance.
Finally, the inheritance of a divorced spouse in reference to a trust depends on whether the trust is revocable or irrevocable. If you have set up a Revocable Trust then after the divorce your prior spouse will automatically lose his/her beneficiary status within the trust. On the other hand, if you set up an Irrevocable Trust then regardless of a divorce the prior spouse will still inherit and be considered a valid beneficiary. A divorce will have no effect on an Irrevocable Trust. If you decide to create an irrevocable trust, be sure to understand that your spouse will inherit the assets in the trust even after a divorce.
In a Texas divorce, the law protects you from unchecked gifts to your prior spouse and stepchildren with regard to your will, life-insurance, and revocable trusts. The prior spouse will not take from these unless one of the few exceptions apply. Divorces are riddled with complexities and it is prudent to seek advice from an experienced Texas divorce attorney during these proceedings to ensure that the divorced spouse is removed completely from your will and does not reserve an argument to acquire your assets post-divorce .