Texas Family Court Issues Regarding Disabled Children

Texas Family Court Issues Regarding Disabled Children

 Texas courts generally have jurisdiction to make orders regarding the support and conservatorship of a child until that child reaches the age of eighteen or until that child graduates high school, whichever occurs later.

However, this jurisdiction can be extended if the court determines that a child has a physical or mental disability that exists prior to the child’s eighteenth birthday and the court determines that the child will not be capable of self-support.

If you have a child that has any form of disability, it is important for you to consult with an attorney prior to the finalization of your divorce to ensure that you are preserving the rights for that disabled child.

The Judge may order one or both parents to complete a Texas Parent Education and Family Stabilization Course to increase awareness about children's developmental needs after the divorce is granted. 

More Texas Counties Accept Online Parent Education and Family Stabilization Classes

This 4 HOUR course meets Texas Family Court requirements for a "Parent Education and Family Stabilization Course" for divorcing parents. Select this class if your custody/ divorce case is in Texas.

To date, this class has been completed to meet requirements for the following counties:

Angelina, Bandera, Bexar, Bowie, Brazoria, Brazos, Brooks, Burnet, Cass, Collin, Comal, Conroe, Coryell, Dallas-Ft.Worth, Fannin, Ft.Bend, Grayson, Denton, Galveston, Guadalupe, Harris, Hays, Hidalgo, Hill, Hunt, Jefferson, Jim Wells, Kendall, Kleberg, Lampasas, Live Oak, Lubbock, McLennan, Menard, Montgomery, Nueces, San Patricio, Scurry, Refugio, Tarrant, Taylor, Texas, Victoria, Williamson, Wilson, and Yoakum.

Issues Affecting Children In a Texas Divorce

Representing your self in a Texas divorce and child custody is an issue? Consider these issues which affect children of divorcing parents in Texas:

A Parenting Plan.

In 2005, the Texas Legislature began requiring the addition of a “Parenting Plan” in the Final Decree of Divorce. The Parenting Plan includes the conservatorship rights of the parents, the visitation schedule, the child support, and also provides for other issues that may affect the child in  order to minimize the risk of future disagreements.

A Parenting Coordinator and Parenting Facilitator.

Another creation of the 2005 Texas Legislature is the “Parenting Coordinator.” In a Suit Affecting the Parent- Child Relationship (such as a divorce or custody or child support law suit), the court may appoint someone known as the Parenting Coordinator. It is the job of this coordinator to meet with the parents and to assist them in reaching agreements regarding their children.

The difference between the Parenting Coordinator and the Parenting Facilitator is that the Parenting Facilitator may be required to testify as to any communications they have had with the parties, as to the basis of their recommendations to the parties and as to the parties’ compliance with their recommendations. In addition, the Parenting coordinator may also monitor the parties’ compliance with court orders regarding the children.

The Parenting Coordinator, on the other hand, may not be required to testify as to any communications they have had with the parties. Parenting coordinators and facilitators can serve as very effective tools in high-conflict custody cases. Most parenting coordinators and facilitators are mental health professionals or social workers who have lots of experience in working with high-conflict families and who are trained to effectively resolve disputes with regards to visitation, child support or child custody. If a dispute arises in a case, the parties generally attend a series of sessions with the parenting coordinator or facilitator in an attempt to resolve the dispute before any court action is taken.

Not all courts order the 4 hour Online Parent Education and Family Stabilization Class, but many do. These classes are designed to educate the parents on how their divorce will affect their child's future development and response to their divorce.

Find A Texas Lawyer for Child Custody

Need a Lawyer for Your Texas Child Custody case? The Texas bar Association Lawyer Referral Service  is Free.

The Texas bar Association offers a free online service to  search for a lawyer in your area.
Use the Texas Bar Associations' Lawyer Referral Information Service by clicking on this link STATE BAR OF TEXAS. 

The Texas Bar Association Lawyer Referral Information System also lists frequently asked questions and answers:

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Our LRIS program refers you to attorney or appropriate agency that can help you.

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DIVORCE EDUCATION RESOURCES:
For divorcing parents with kids, the mandatory Parent Education and Family Stabilization Course is avaialable online for most Texas Counties here: http://www.parentingapart.com/.

Understanding Texas Parent Education Classes for Child Custody

Why are divorcing parents of children in Texas required to take a parenting class before their divorce is final?

 

(Disclaimer: Please note, this post does not not constitute legal advice or mental health counseling. Please contact your attorney  for legal advice or  information. This information is provided for educational purposes only. This information may not reflect current Texas law or family code.)

 

Under Texas Family Code § 105.009., divorcing parents must complete a PARENT EDUCATION AND FAMILY STABILIZATION COURSE as follows;.

 

(a)  Any action to modify a custody or visitation order or determine access to a child, the court may order the parties to the suit to attend a parent education and family stabilization course if the court determines that the order is in the best interest of the child.

 

(b) The parties to the suit may not be required to attend the course together. The court, on its own motion or the motion of either party, may prohibit the parties from taking the course together if there is a history of family violence in the marriage.

 

(c) A course under this section must be at least four hours, but not more than 12 hours, in length and be designed to educate and assist parents with regard to the consequences of divorce on parents and children. The course must include information on the following issues:

 

1. the emotional effects of divorce on parents;
2. the emotional and behavioral reactions to divorce by young children and adolescents;
3. parenting issues relating to the concerns and needs of children at different development stages;
4. stress indicators in young children and adolescents;
5. conflict management;
6. family stabilization through development of a co parenting relationship;
7. the financial responsibilities of parenting;
8. family violence, spousal abuse, and child abuse and neglect; and
9. the availability of community services and resources.

(d) A course may not be designed to provide individual mental health therapy or individual legal advice.


(e) A course satisfies the requirements of this section if it  is offered by:

• (1) a mental health professional who has at least a master's degree with a background in family therapy or parent education; or
• (2) a religious practitioner who performs counseling consistent with the laws of this state or another person designated as a program counselor by a church or religious institution if the litigant so chooses.

(f) Information obtained in a course or a statement made by a participant to a suit during a course may not be considered in the adjudication of the suit or in any subsequent legal proceeding. Any report that results from participation in the course may not become a record in the suit unless the parties stipulate to the record in writing.

 

(g) The court may take appropriate action with regard to a party who fails to attend or complete a course ordered by the court under this section, including holding the party in contempt of court, striking pleadings, or invoking any sanction provided by Rule 215, Texas Rules of Civil Procedure. The failure or refusal by a party to attend or complete a course required by this section may

not delay the court from rendering a judgment in a suit affecting the parent-child relationship.

 

(h) The course required under this section may be completed by:

(i) On completion of the course, the course provider shall issue a certificate of completion to each participant. The certificate must state:

• (1) the name of the participant;
• (2) the name of the course provider;
• (3) the date the course was completed; and
• (4) whether the course was provided by:
• (A) personal instruction;
• (B) videotape instruction;
• (C) instruction through an electronic medium; or
• (D) a combination of those methods.

(j) The county clerk in each county may establish a registry of course providers in the county and a list of locations at which courses are provided. The clerk shall include information in the

registry identifying courses that are offered on a sliding fee scale or without charge.

(k) The court may not order the parties to a suit to attend a course under this section if the parties cannot afford to take the course. If the parties cannot afford to take a course, the court may direct the parties to a course that is offered on a sliding fee scale or without charge, if a course of that type is available. A party to a suit may not be required to pay more than $100 to attend a course ordered under this section.

(l) A person who has attended a course under this section may not be required to attend the course more than twice before the fifth anniversary of the date the person completes the course for the first time.

The Texas Parent Education and Family Stabilization Course provides education for divorcing parents intended to keep their children out of the middle of their parent's divorce.