How Is Custody of Special Needs Children Decided in Texas?

 Posted on September 25, 2025 in Child Custody

If your child has a profound physical or mental disability, he or she may need extensive support on a daily basis. A divorce can complicate the situation, raising questions about how your child’s unique needs will be addressed. If you are worried about the allocation of custody in your divorce, a North Texas family law attorney can help address your concerns.

Custody arrangements with special needs children should be handled with the utmost care. Attorney Philip Moore of Moore Family Law, P.C., recognized as one of the best divorce lawyers in Frisco by Expertise.com in 2025, is qualified to represent clients in these sensitive custody matters.

How Do Judges Make Custody Decisions in Texas?

Regardless of whether or not a child has special needs, the judge will ultimately prioritize the child’s best interests (Texas Family Code Sec. 153.002). In Texas, the courts refer to a set of standards known as Holley factors to guide custody decisions, including:

• The child’s wants

• The child’s physical and emotional needs in the present and future

• Any physical or emotional danger to the child in the present and future

• The parental fitness of each person seeking custody

• The programs available to support the child’s best interests

• The plans for the child made by the party seeking custody

• The stability of the home environment

• Any "acts or omissions" that indicate the parent’s relationship with the child is not right

• Reasons for the parent’s prior acts or omissions

Parents are often encouraged to figure out a custody arrangement outside of court that aligns with their child’s needs.

Are Expert Witnesses Needed for Special Needs Custody Disputes?

Determining the child’s best interests is not always straightforward. In custody disputes involving special needs children, outside professionals may have to get involved to help inform the court’s decision. For example, a child psychologist could provide insights about the child’s mental health and what kind of custody arrangement might be best for him or her. Other medical professionals can also explain how the child’s disability will affect his or her long-term needs.

How Should Custody Be Allocated With a Special Needs Child?

There is no one right way to divide up custody with a special needs child. Depending on your family’s situation, either joint or sole managing conservatorship may be better for your child. 

In general, you should consider what kind of arrangement will allow your child to grow up in a healthy, stable environment. If one parent’s home has special accommodations for the child (such as a ramp or stairlift for children with cerebral palsy), it may be best for the child to stay at that residence year-round. This kind of arrangement can still allow the other parent visitation rights. 

Contact a Frisco, TX Family Law Attorney

It is natural for parents to have strong feelings about how child custody should be decided, especially if the child has unique needs that must be addressed. At Moore Family Law, P.C., our North Texas child custody lawyer can help you negotiate for a healthy parenting agreement. To set up an initial consultation today, call our offices at 214-764-8033.