Child Custody

Jan
20

How Fathers Can Improve Their Chances of Getting Child Custody in Texas

Times have changed! Mothers’ having primary custody of the children is not always the accepted social presumption as in the past. Courts, legislatures and juries are becoming more aware of the vital necessity of father’s being involved in the lives of their children. Children with positive father involvement have fewer behavior problems, higher levels of sociability, and perform better in school.

Recent research suggests that father involvement is essential to a child’s social, moral, and physical growth during the adolescent period. A father’s involvement during pregnancy affects multiple areas of child development and family well- being, from prenatal care, to the likelihood that the father will provide ongoing financial and emotional support. This body of research is gaining momentum. Local and regional governmental agencies are focusing more and more on parental father involvement in the lives of children.

As a result of the continuing evolution of fathers’ rights, Courts are now recognizing a father’s ability to care for his children as an equal to that of the mother. Starting out on an equal plane, the Court may look to which parent is more stable, has a superior income, has a parenting plan in place for the child and is capable of providing proper child care and spending more quality time with the child.

As a father, how can you increase your chances of getting child custody in Texas? You must be a good father and spend time with your children by involving yourself in their daily lives. You need to be responsible and reliable to the needs of your kids. Know and participate in all aspects of their lives. This includes school activities, doctor’s appointments, extracurricular events and getting to know and bonding with their friends.

Reflect on your own personal experiences as a child growing up and think about what was really important to you and your parent’s interaction during that period.

If a father voluntarily gives up rights to his children based on prejudices of the past in the Court system, he will feed a mother’s confidence and sponsor unnecessary ongoing litigation. The number one mistake made by fathers in the court system today is a failure to take the time to learn how the system works. Failing to learn how the family law system works may doom your case. Once you have learned the ins and outs of the family law system you will need to form a viable plan, set goals and never relent in enforcing your rights as a father.

Five of the biggest mistakes men make in a legal action are: 1) failing to respond to the legal action itself; 2) obtaining incorrect legal advice (from friends and family rather than a legal expert); 3) signing a settlement agreement that is not in agreement with and later deeply regretting it; 4) failing to perform under the actual settlement agreement signed; and 5) getting frustrated and/or acquiescing to unreasonable demands and orders.

Some of the things you may want to consider as you prepare for the custody battle are as follows:

  1. Who has the financial ability to best care for the child(ren)? Be sure to have income tax verification, W-2 Forms and other financial information available.
  2. Form a parenting plan (child care, after school care, transportation, pediatrician, etc.).
  3. Who is more stable and/or can provide the best home for the child (ren)?
  4. Where has the child (ren) been attending school? Is it possible to keep the child in the same school district?
  5. Prepare a chronology of events leading up to the divorce including treatment of the child(ren), time spent with the child(ren), activities with the child(ren), the child(ren)’s schedule.
  6. Consider if a home study should be prepared regarding each home of the child.
  7. Consider whether a psychological evaluation should be done on the mother?
  8. Is drug testing necessary? (Be sure to request hair follicle drug testing.)
  9. Is there an alcohol or other addiction problem in the home?
  10. Who can provide the best moral upbringing for the children?
  11. Is there evidence such as pictures, video tapes, etc. that may help your case?
  12. Avoid unnecessary compromising photos or data on Facebook or other social networking sites.

List any other relevant issues you feel may be important to your child custody case before you meet with an attorney about your rights as a father.

By Nacol Law Firm | Child Custody
DETAIL
Jan
19

I Need A Father – (A Fathers Role in Child Custody)

The number of fathers caring for their children is growing at a rate almost twice that of single mothers.  The bottom line is more men are choosing to be hands-on fathers.  In addition, presumed joint custody — or shared custody by both parents of children of divorce — is now the law of the land in most states.

Scores of research have documented the positive effects of a father’s involvement in a child’s life.  Regrettably, currently approximately 30% of American children live without their father’s involvement in their life.

As the number of women in the work force has increased, some men appear to have become more involved in fatherhood and show greater interest in child-care responsibilities.   With more women in the workplace than ever before — 68% of women with children under 18 — divorce courts in most states are not simply awarding custody and care of children to mothers by default.  In some cases, the mother has neither the time, nor the will, to care full time for her offspring. In other cases, she may not have the financial means.  The gradual progress towards leveling the playing field for women at work has resulted in slowly leveling the playing field at home.  The law is beginning to catch up as well. Divorce laws of more and more states are taking into account the importance of children maintaining relationships with dads as well as moms after divorce.

Following is a sample of what other sources have had to say about the risks faced by fatherless children:

  • 63% of youth suicides are from fatherless homes (Source: U.S. D.H.H.S., Bureau of the Census)
  • 85% of all children that exhibit behavioral disorders come from fatherless homes (Source: Center for Disease Control)
  • 80% of rapists motivated with displaced anger come from fatherless homes (Source: Criminal Justice & Behavior, Vol 14, p. 403-26, 1978.)
  • 71% of all high school dropouts come from fatherless homes (Source: National Principals Association Report on the State of High Schools.)
  • 70% of juveniles in state-operated institutions come from fatherless homes (Source: U.S. Dept. of Justice, Special Report, Sept 1988)
  • 85% of all youths sitting in prisons grew up in a fatherless home (Source: Fulton Co. Georgia jail populations, Texas Dept. of Corrections 1992)

After economic factors are excluded, children reared in fatherless homes are more than twice as likely to become male adolescent delinquents or teen mothers.

Recent studies have suggested that children whose fathers are actively involved with them from birth are more likely to be emotionally secure, confident in exploring their surroundings, have better social connections with peers as they grow older, are less likely to get in trouble at home and at school, and are less likely to use drugs and alcohol. Children with fathers who are nurturing, involved, and playful also turn out to have higher IQs and better linguistic and cognitive capacities.

The divorce process is difficult for all involved.  It is far better for the children if the parents are able and willing to place them outside of difficult divorce issues.  Children want to run and laugh and play.  In many cases they are not mature enough to process adult issues.  Keep heated issues between the adults and away from hearing range of the children.  No matter how angry a parent is, they should promote the children viewing the other parent in a positive light.  Children need positive role models.  Even if a parent feels the other parent has wronged them, it is just as wrong for that parent to take away the ability for their children to have a parent they can be proud of and look up to.

By Nacol Law Firm | Child Custody
DETAIL
Jan
06

Texas Fathers and Child Custody Cases – Time for Modifications or a Change?

The New Year is always a good time for personal changes and after another stressful Holiday Season with your kids and Ex, you have decided to make some serious changes in your child custody situation to stabilize the entire family. Mom is not helping and the children are seriously acting out.  What to do? What to do?

Maybe it is time to look at changing your child custody status with the children or at least modifying the current orders. Many changes have occurred in American Family Behavior and fathers are taking a more active role in their children’s lives.  The Pew Research Center has recently published some new research on today’s fathers with some important and surprising changes:

  • Fewer dads are the family’s sole breadwinner: dual income households are now the dominant arrangement (60%). Both mom and father must now be responsible for child raising and home chores.

  • Dad and mom roles are converging: fathers have taken on more housework and child care duties and moms have increased time spent at a paid job. There is definitely a more equal distribution of labor between mother and fathers in today’s world.

  • Fathers feel they spend more or as much time with their children as their fathers did when they were children

With the latest scientific research showing that a father’s involvement is essential to a child’s social, moral, and physical growth during the adolescent period, many state legislatures and family courts are now recognizing a father’s ability to care for his children as equal to the mother.  Courts are also looking at the more stable parent, who may have a better income and parenting plan in place for the child and is capable of providing a better home life and more quality time with the child.

Another reason for changing opinions regarding fathers’ rights child custody issues has been the high divorce rates and the affect it has had on the USA population life experiences.  Many adults have been raised in a divorced home with Mom as the main custodial parent. Now these adults are divorcing they want a different and better experience for their own children and their lives.

Things you want to consider as you prepare for your child custody battle are:

  1. Who has the financial ability to best care for the child (ren)? Be sure to have income tax verification, W-2 Forms and other financial information available.

  2. Establish a detailed viable parenting plan (child care, after school care, transportation, pediatrician, etc.).

  3. Who is more stable and/or can provide the best home for the child (ren)?

  4. Where has the child (ren) been attending school? Is it possible to keep the child (ren) in the same school district?

  5. Prepare a chronology of events leading up to the divorce including treatment of the child(ren), time spent with the child(ren), activities with the child(ren), the child(ren)’s schedule.

  6. Consider if a home study should be prepared regarding each home of the child (ren).

  7. Consider whether a psychological evaluation should be done on the mother?

  8. Is drug testing necessary? (Be sure to request hair follicle drug testing.)

  9. Is there an alcohol or other addiction problem in the home?

  10. Who can provide the best moral upbringing for the children?

  11. Is there evidence such as pictures, social networking sites, video tapes, texting, etc. that may help your case?

  12. Avoid unnecessary compromising photos, data on social networking sites, or texting!

Just Remember the five biggest mistakes men make in a custody suits are: 1) failing to respond to the legal action itself; 2) obtaining incorrect child custody legal advice (from friends and family rather than a legal expert); 3) signing a quick child custody settlement agreement while passions are high that is later deeply regretted; 4) failing to perform under the actual settlement agreement as signed; and 5) getting frustrated and/or acquiescing to unreasonable demands and orders.

Think smart when contemplating Child Custody Modifications, be prepared and get an experienced legal professional to help you accomplish your goals!

By Nacol Law Firm | Child Custody
DETAIL
Nov
11

When the Custodial Parent Dies – Who Will Have Custody of the Child?

When the custodial parent of a child dies, in the state of Texas, not only is the child and family union devastated, but now is presented the difficult issue of who will become the child’s guardian.  Who are the possible candidates that may be legal guardians?

  • Non- Custodial parent, if paternity is acknowledged
  • Grandparents
  • Other relatives
  • Godparents, Family friends, Neighbors
  • State Foster System 

Usually, the surviving non-custodial parent will have an automatic right to custody of the child. Texas law favors a child having a solid relationship with both parents and in the event of death, the living parent will take over permanent exclusive custody of the child.   What factors should be considered in the child’s best interest that could determine custody by the surviving parent if he/she is not appropriate for the child? 

  • Did the court, after the divorce, terminate your parental rights in a legal proceeding? If the non- custodial parent had legally been terminated of his/her parental rights this is binding and the terminated parent WOULD NOT be granted permanent custody of the child. 
  • What if the custodial parent remarried and the new stepparent legally adopted the child? If the child was legally adopted by the stepparent and the non-custodial parent had waived their parental rights, the stepparent would be granted permanent custody of the child.
  • What if the non-custodial parent has acknowledged parentage, but paternity has not been established? To be entitled to custody of the child, the father would first claim parental rights through paternity testing to determine if he is the biological father of the child or if he has signed the child’s birth certificate. After Paternity is established, a separate legal proceeding may need to be initiated to override the terms of the mother’s will. 
  • What if the Custodial Parent created a will that stated the grandparents/godparents would take over as the legal Guardians of the child in the event of death? Many parents will request a particular person or group, such as grandparents, relatives, or godparents to become guardians for their minor children in the case of their demise, but a child is not a piece of property to give away to others when the other biological parent is living.  The judge will view what is in the best interest of the child and will always first look at the surviving parent. If this parent meets basic standards the child will live with this parent. If the surviving parent cannot serve the child’s best interest, then the judge will consider the guardian designated in the deceased parent will.  

Nacol Law Firm P.C. 
tel: 972-690-3333

DETAIL
Oct
27

A Fathers Rights – Child Custody for Texas Fathers

Courts, legislatures and juries are becoming more aware of the necessity of father’s being involved in the lives of their children.  Children with positive father involvement have fewer behavior problems, higher levels of sociability, and perform better in school.

Recent research suggests that father involvement during pregnancy affects multiple areas of child and family well- being, from prenatal care initiation and mother and child health outcomes, to the likelihood that the father will provide ongoing financial and emotional support.  This body of research is gaining momentum.  Local and regional governmental agencies are focusing more and more on parental father involvement in the lives of children.

As a result of the changes taking place in society today, the Courts are now recognizing a father’s ability to care for his children as becoming equal to that of the mother.   Starting out on an equal plane, the Court may look to which parent is more stable, has a superior income, has a parenting plan in place for the child and is capable of providing proper child care and spending more quality time with the child.

If a father ignorantly gives up rights to his children based on prejudices of the past in the Court system he can feed a mother’s confidence and sponsor unnecessary ongoing litigation.  The number one mistake made by father’s in the court system today is a failure to take the time to learn how the system works.  Failing to learn how the family law system works may doom your case.  Once you have learned the ins and outs of the family law system you will need to form a plan, set goals and never relent in enforcing your rights as a father.

Five of the biggest mistakes men make in a legal action are: 1) failing to respond to the legal action itself;  2) obtaining incorrect legal advice (from friends and family rather than a legal expert);  3) signing a settlement agreement they are not in agreement with and later deeply regretting it;  4) failing to perform under the actual settlement agreement signed; and  5) getting frustrated and/or acquiescing to unreasonable orders.

Some of the things you may want to consider as you prepare for the custody battle are as follows:

  1. Who has the financial ability to best care for the child(ren)?  Be sure to have income tax verification, W-2 Forms and other financial information available.
  2. Form a parenting plan (child care, after school care, transportation, pediatrician, etc.).
  3. Who is more stable and/or can provide the best home for the child(ren)?
  4. Where has the child(ren) been attending school?  Is it possible to keep the child in the same school district?
  5. Prepare a chronology of events leading up to the divorce including treatment of the child(ren), time spent with the child(ren), activities with the child(ren), the child(ren)’s schedule.
  6. Consider if a home study should be prepared regarding each home of the child.
  7. Consider whether a psychological evaluation should be done on the mother?
  8. Is drug testing necessary?  (Be sure to request hair follicle drug testing.)
  9. Is there an alcohol or other addiction problem in the home?
  10. Who can provide the best moral upbringing for the children?
  11. Is there evidence such as pictures, video tapes, etc. that may help your case?
  12. Avoid unnecessary compromising photos or data on Facebook or other social networking sites.

List any other relevant issues you feel may be important to your case before you meet with an attorney.

The most important thing to remember is that your failure, if based on dated concepts and inapplicable worn out prejudices, will be her victory and your parental failure.

By Nacol Law Firm | Child Custody
DETAIL

Please contact father’s rights Dallas Attorney Mark Nacol, or father’s rights Dallas Attorney Julian Nacol with the Nacol Law Firm P.C., for legal insight to your rights as a father. Both attorney Mark Nacol, and attorney Julian Nacol , provide counsel in the area of family law including divorce, father’s rights, interstate jurisdiction, child support, child custody, visitation, paternity, parent alienation, modifications, property division, asset division and more. Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization. Our attorneys at The Nacol Law Firm P.C. serve clients throughout Texas, including Collin, Dallas, Denton, Ellis, Grayson, Kaufman, Rockwall and Tarrant counties and the communities of Addison, Allen, Arlington, Carrollton, Dallas, Fort Worth, Frisco, Garland, Grapevine, Highland Park, McKinney, Mesquite, Plano, Prosper, Richardson, Rowlett and University Park, Murphy,Wylie, Lewisville, Flower Mound, Irving, along with surrounding DFW areas.

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