Modifying Child Custody After a Personal Injury

Parents need to provide quality care for their children. A serious injury can prevent even the most loving and nurturing parent from taking care of their child. If your child suffers a personal injury, then the needs of your child change. For starters, you’ll need to spend more time with your child to take the child to see doctors.

When injuries are minor, parents should be able to reach agreements on their own about caring for their children. When there are serious injuries, child custody modifications may be necessary.

Parents who have personal injuries

We discuss modifications to child custody orders if a parent has a personal injury or a medical setback in a separate blog.

Child custody modifications if you have a personal injury

Our San Antonio family lawyers work with your treating doctors to understand the type of injuries you have, the type of medical care you will need, and all the ways your injuries are affecting your ability to provide care for your child.

We seek appropriate modifications (and respond to modification requests by your spouse (or the other parent) so you can spend as much time with your child while working on your medical recovery.

Child custody modifications if your spouse has a personal injury

If your spouse (or coparent) has an injury, we work with doctors who understand the specific type of injury your spouse has and question your spouse’s physician about the scope and severity of the injury. If your spouse’s health prevents or limits the ability of your spouse to care for your child, we may seek a modification of the current child custody/support order so your spouse/coparent can receive the care they need while you care for your child.

Modifications of child custody and visitation orders if your child has a personal injury

Causes and types of childhood personal injuries

Children may have personal injuries due to the fault of others or just due to their own conduct. Some of the types of accidents that may cause your child harm include vehicle accidents, slip and fall accidents, sports injuries, injuries while participating in school or after-school activities, playground injuries, and other accidents. Your child may also suffer injuries due to genetics or many other causes.

Possible injuries include broken bones, spinal cord injuries, traumatic brain injuries, organ damage, loss of vision, loss of hearing, dog bites, cuts, and bruises. Birth injuries can cause cerebral palsy and many other serious disorders. Our family lawyers work with your child’s doctors to verify the injuries, understand what medical care your child needs, and understand what limitations your child may have due to their injuries.

Temporary and permanent child custody/visitation modifications

Many injuries heal with time and appropriate medical care. Some injuries may be permanent and life-changing.

To care for your child, the current custody and visitation orders may need to be changed to ensure your son or daughter receives the best medical care possible. Your child’s needs at school may need to change depending on the seriousness of the injury. Your child’s enjoyment of life may also change. Parents will likely need to spend more time with their child due to the child’s physical and emotional needs.

The requests for modification may be temporary if your child’s injuries are likely to heal or permanent if your child’s injuries are likely to affect their health for the rest of their life.

The grounds for modifying a child custody or visitation order

You can ask to modify a child custody order if there is a substantial change in the health of a parent or child. A scratch or a slight bruise isn’t a substantial change. An injury that would cause your child to lose time from school, need medical care, or physically or emotionally suffer for a significant amount of time is a substantial change.

While parents normally need to wait one year or more to request a modification of a child custody order, there are some exceptions. A personal injury to a child generally should qualify as an exception, meaning that you should be able to seek a modification shortly after the personal injury occurs.

The types of modifications necessary for children who have personal injuries

In Texas, one or both parents are considered a “conservator” of their child. A conservator makes medical decisions about their child’s care. Only the parent who has conservatorship can make these medical decisions, which may include which doctors to see, whether to perform surgery, and what other procedures/treatments your child should have. Often, both parents have joint conservatorship of their child, which means that both parents can make medical decisions for the child.

Some of the rights of a conservator for a child include:

• Access to medical, dental, psychological, and educational records of the child
• To consult with a physician, dentist, or psychologist for the child
• To consult with school officials concerning the child’s welfare and educational status, including school activities
• To be designated on the child’s records as a person to be notified in case of an emergency
• To consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child

We seek to maintain or order your conservatorship if your child suffers an injury.

Depending on the type and severity of the injury, custody and visitation modifications may be necessary for the following reasons:

• The need for a parent(s) to take time off from work to be with their child.
• The need to change visitation arrangements is because a child cannot easily move to another home.
• The need for homeschooling a child.
• The need to be able to take the child for doctor appointments, physical therapy, and other types of medical care.
• The need to feed, clothe, and bathe the child.
• The ability of friends and family to care for the child if a parent isn’t home.
• The facilities of the home, such as the ability to sleep on the ground floor if a child isn’t mobile.
• The availability of special programs, including special needs programs, to help your child physically, emotionally, and cognitively.

In addition to modifications to child custody and child visitation orders, it may be necessary to modify child support orders so your child has insurance coverage and receives the medical and home care he/she needs. Your child may also be eligible for disability benefits, which we’ll explain.

Our San Antonio child custody lawyers have the experience to negotiate modifications of child custody orders. We’re ready to litigate requests for modifications to child custody orders due to a child’s personal injuries. Call Grable Grimshaw PLLC today or use our online contact form to schedule a consultation.