Legal Question in Family Law in Texas
Can I get sole custody & supervised visitation for a disabled child?
My husband and I are divorcing, we have a 20 month old boy who was diagnosed as being profoundly deaf. My husband has not participated in his life up to this point but now wants to take him from my home for visitation and this scares me!!! I want him to be a part of his life but he is very irresponsible. I cannot work due to the care my son will require. What are the chances of a Texas judge allowing me to have sole custody of my son with my husband having supervised visitation? I do not want to limit his visitation, just supervised in my home. I also would like to ask for more than the 20% child support due to the fact that I cannot work. What are the chances?? Please help!
2 Answers from Attorneys
Re: Can I get sole custody & supervised visitation for a disabled child?
Unforntunately, you have asked a question that no one can really answer. There is really no way to know what a Judge may or may not do with any particular case. That being said the court will base its decision on what is in the best interest of the child.
Re: Can I get sole custody & supervised visitation for a disabled child?
Whether you can have sole custody, and whether you can require supervised visits, depends on the facts of the case. The judge has a lot of flexibility and the test is "the best interest of the child". Typically, if supervised visitation is ordered, it is for a limited amount of time until the parent aquires parenting skills or demonstrates the ability to care for the child. In cases where the parent has not been involved with the child, it is not uncommon for the court to order supervised visitation for a period of time. It is unusual for the court to order the primary parent to be the supervisor.
Generally you can get increased child support if you can demonstrate either unusual uninsured medical expenses or special health care expenses.
You need an experienced family law attorney to assess the circumstances and give you advice.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
