custody battles

Aug
10

Concerns About Special Needs Children in a Texas Divorce

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

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A Father’s Uphill Battle – I Love My Children

A regrettable truth in family law often finds one parent unilaterally removing a child from the other parent while dissolving a marriage without any grounds or evidence of wrongdoing. Not surprisingly, disturbing numbers of children are routinely separated from loving, responsible parents for reasons that have nothing to do with their wishes, safety, health, or welfare and many times have to do with a lack of proper legal counsel.

In 50% of the marriages that end in divorce, 80% of these are over the objection of one spouse (close to 100% when children are involved). I am sure you have heard about “custody battles,” but you probably do not know that many start out with one parent taking a child from the other and refusing visitation until a court orders possession sometimes months down the line. You have heard about the witch hunt for “deadbeat dads,” but did you know that many of these fathers are well educated men who have lost their jobs due to a downtrodden economy and still love their children and want to play a leading role in their lives and upbringing. You have heard the hysteria over “child abuse,” but did you know that many accusations against fathers are shown to be false and used by one parent as a weapon to alienate the children from the other parent.

David Popenoe in his book “Life Without Father” tells us that negative consequences of fatherlessness are all around us. Evidence indicating damage to children growing up in fatherless homes has accumulated in near tidal-wave proportions. Fatherless children experience significantly more physical, emotional, and behavioral problems than do children growing up in intact families.

Children from fatherless homes are:

  • 5 times more likely to commit suicide
  • 32 times more likely to run away
  • 20 times more likely to have behavioral disorders
  • 14 times more likely to commit rape
  • 9 times more likely to drop out of high school
  • 10 times more likely to abuse chemical substances
  • 9 times more likely to end up in a state-operated institution
  • 20 times more likely to end up in prison.

(Information from Mark Hall, Father’s Manifesto).

In “My Rewar, My Punishment…My Son, Sons of Divorce,” Steven Manchester describes the situation many dads are dealing with when exercising visitation:

“I’d take my son for our court-ordered visits, only to drop him off two hours later, so another man could bounce him off his lap. Ironically, each new boyfriend was given all the time he wanted with my son. At first, it killed me, but I decided, “Whatever’s best for my boy. His happiness must come first!” Though it stung terribly, that attitude sustained me all the way to Christmas.

I waited in my old driveway for 4 excruciating hours, while three inches of snow muffled the screams from the cab of my truck. When they finally pulled in, my ex-wife snickered, “I must have lost track of time?” and handed over my son. I was livid! My boy was dead tired and half-asleep. And the EX…well…she just grinned, confident that there was nothing I could do about it. It took everything I had left to conceal my tears. I didn’t plan to give her anything for Christmas and was doing my best to stick to the plan.”

It is a sad scenario. 

In divorce court, many fathers are left feeling that everything they have done, years of hard work, years of tender love, years of unstinting devotion to their family and children count as nothing.

In the 1960’s women fought hard to get laws passed to protect them against family violence, stalking and sexual harassment.  The shame is that women of the 1990’s now use these same needed and appropriate laws wrongfully to their advantage and feel justified in punishing their spouse for wrongs they feel have been done to them by misusing the legal system; and in the process erase fathers from the lives of their children!

The facts are that many times the courtroom becomes a legal battleground.  Inadequate counsel or absence of counsel can result in decisions that negatively affect children and the family for years to come.

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Please contact father’s rights Dallas Attorney Mark Nacol, or father’s rights Dallas Attorney Julian Nacol with the Nacol Law Firm P.C., for legal insight to your rights as a father. Both attorney Mark Nacol, and attorney Julian Nacol , provide counsel in the area of family law including divorce, father’s rights, interstate jurisdiction, child support, child custody, visitation, paternity, parent alienation, modifications, property division, asset division and more. Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization. Our attorneys at The Nacol Law Firm P.C. serve clients throughout Texas, including Collin, Dallas, Denton, Ellis, Grayson, Kaufman, Rockwall and Tarrant counties and the communities of Addison, Allen, Arlington, Carrollton, Dallas, Fort Worth, Frisco, Garland, Grapevine, Highland Park, McKinney, Mesquite, Plano, Prosper, Richardson, Rowlett and University Park, Murphy,Wylie, Lewisville, Flower Mound, Irving, along with surrounding DFW areas.

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