San Antonio Special Needs Attorney

Answer: As family law professionals, the attorneys at Brandon Wong & Associates can offer comprehensive legal guidance and advocacy in cases involving children with special needs. Our lawyers are trained to provide knowledgeable guidance in areas such as guardianship, special education rights, and government benefits. Our attorneys can also collaborate with healthcare professionals, tailor legal solutions, and offer mediation services to ensure the child’s best interests are represented. Moreover, our attorneys can provide resource referrals and ongoing support to families navigating the complexities involved with caring for a child with disabilities.

Answer: During a divorce in San Antonio involving a child with disabilities, there are several measures parents can take to protect their child’s well-being. The first step must be to hire a family law attorney with experience in cases involving children with special needs. Your lawyer can help develop a comprehensive parenting plan that addresses your child’s unique needs, including healthcare, education, and support services. It is important for parents to collaborate to create a supportive co-parenting arrangement that will prioritize the child’s interests.

Answer: Parents should be aware that the Texas Family Code guidelines may not always be followed in cases involving children with special needs. When a child has a disability, child support extensions may be granted to ensure that a child will be supported financially and otherwise past the age of 18 or after he or she graduates from high school. Parents may also need to consider whether their children will continue to need assistance after they pass away. If necessary, a special needs trust or other tools may be used to provide for the child’s needs in the years to come.

Answer: Yes. In Texas, child support usually ends when a child turns 18 years old or graduates from high school. However, in cases involving children with disabilities, support may need to be continued into adulthood, particularly in cases where the child’s disability will require them to rely on financial or other forms of support from their parents for the rest of their life. Please be advised that the continuation of child support past your child’s 18th birthday will not be automatic, even if he or she does indeed have a disability. It will likely be necessary for you to provide documentation and proof of your child’s disability.

Answer: To begin with, you should consult with an estate planning attorney who has experience creating trusts for people with special needs. When you sit down with your estate planning lawyer, you can discuss your child's specific needs, financial situation, and long-term goals to determine the type of trust that best suits your family's circumstances. You may also want to obtain a comprehensive assessment of your child's needs and future requirements to make certain the trust is structured appropriately. As a parent, you will want to ensure that you can secure your personal and financial future while making sure whatever provisions you set up do not interfere with the child's ability to obtain government benefits.

Answer: It will depend on the cause of the dispute. In most situations, you should engage in constructive discussions with all parties involved, which may include healthcare providers, educators, and family members, to address concerns and find common ground. It may also be helpful to work with a mediator or seek guidance from other professionals who are knowledgeable about special needs care for children.

Answer: San Antonio is fortunate to be home to various programs and resources that help support families of children with special needs. These include the Any Baby Can organization, which offers family support services, parent education, and resources for children with special needs, and the Autism Community Network, which provides educational tools necessary to empower families and caregivers. Furthermore, the Respite Care of San Antonio provides childcare services for families caring for a child with special needs. The Arc of San Antonio has supported families with children with special needs through networks of support and services.

Answer: Courts will prioritize the child’s best interests by assessing each parent’s ability to meet the child’s specific requirements, including medical care, therapy, education, and emotional support. Parents of special needs children may also need to provide information about the child’s condition, treatment plans for the child, and daily care routines. Stability and routine are important for all children, especially those with special needs. The court will keep this in mind when handling custody agreements.

Answer: You will first need to make sure there is a child support order already in place and signed by a judge. This order most often results from divorce proceedings. An informal agreement regarding child support payments without a proper court order will likely not be able to be enforced. Next, you will need to gather evidence documenting non-payments and communications about payments. This could involve your ex-spouse stating via text messages that he or she is unwilling to accept the support order. Then, it will be time to file a Petition to Enforce Child Support. This must be drafted correctly to ensure you can pursue the relief you request from the court. When you file this petition, you will also need to include the evidence you have obtained showing your ex-spouse’s failure to pay. You will then take the step of serving the other party with the petition. And finally, there will be a final hearing where you and your lawyer will have the chance to prove the child support was not paid to you. Remember that while these steps may appear complicated, hiring an attorney can make the process smoother and ensure that you will be able to collect the payments owed.

Answer: Parents of children with special needs may be eligible for financial support through Supplemental Security Income (SSI) benefits. SSI provides monthly payments to help support families that are raising children with special needs. A child becomes eligible through his or her need for financial assistance as well as his or her level of disability. Families that are eligible for SSI benefits will then receive monthly payments to ensure the child’s needs are supported, even if a family does not initially have a low enough income to qualify but has children who are disabled or have high costs related to the care their children need. Families may also pursue financial assistance through a Home-and-Community-Based Services (HCBS) waiver program. Funding will depend on the child’s level of disability and how that disability affects the family. Disabled children who qualify for this waiver program may also be eligible for medical assistance or some other form of public insurance.