Planning for a Disabled Child During Divorce

 Posted on November 15, 2024 in Divorce

Child custody plans usually only last until a child has turned 18 years old. After that, it is normally up to the child whether he wants to keep living with or visiting each parent. However, if your child has significant disabilities and will be dependent on others for the rest of his life, you and your spouse will need to plan for his long-term care. Most parents who are still married simply establish a legal guardianship when their disabled children turn 18 years old. If you and your co-parent are getting divorced, you should discuss how a future guardianship will work now. Parents dealing with this complex legal situation need an experienced Galveston, TX divorce and guardianship attorney.

Financial Planning for Lifelong Care 

If your child will never be able to work to provide for his own needs, you and your spouse should consider financially planning for his future care. In most cases, young adults who have never been able to work qualify for public assistance. However, Medicare and Social Security Disability payments may not be enough to meet all of your child’s needs or allow him to live comfortably. You and your spouse can work together now to financially plan for your child’s care when he becomes an adult.

During your divorce, you can discuss future support obligations or plan to create a supplemental needs trust for your child. Child support can be continued indefinitely when a child is disabled and will never be capable of self-support. This prevents one parent from effectively abandoning a disabled adult child and leaving the other parent to meet all of his support needs.

Planning for Future Guardianship 

It is very likely that you will need to establish a legal guardianship for your child when he reaches the age of 18 years old. A legal guardianship allows a disabled adult’s guardian to keep making medical and personal decisions for the disabled adult and to manage his financial affairs. You will need to discuss things like which of you will become your child’s legal guardian when the time comes and how visitation will work.

Many divorced parents of disabled adults are able to successfully share time so that both parents can maintain a close and loving relationship with their child. Some parents continue to move their disabled adult children back and forth between their households as they did when the child was a minor, while others place their adult child in a group home and take turns visiting.

Contact a Galveston, TX Divorce Lawyer for Parents of Disabled Children 

Daniel R. Bacalis, P.C. is committed to helping parents of disabled children plan for a smooth transition when their child becomes an adult. Our experienced Galveston County, TX divorce lawyers will do all we can to help you plan for your child’s lifelong care. Contact us at 409-392-1511 for a complimentary consultation.