30
Dec
2011

Interstate Jurisdiction – Multi State Confusion in Child Custody Disputes

Child custody issues can be difficult for the parties involved at any time, but when the custody case crosses a state line, Dallas family law attorney Mark Nacol warns that many more conflicts and problems may arise.

Most states follow a uniform law regarding determination of appropriate state jurisdiction in custody matters known as the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and related statutes laws which enforce or set procedures regarding proper jurisdiction such as the Parental Kidnapping Prevention Act.  Texas has adopted these statutes. The Uniform Child Custody Jurisdiction Enforcement Act defines which state has or may maintain jurisdiction in a particular case and often mandates that other states recognize decisions handed down by the state determined to have jurisdiction.

The Act states, among other things, that a court may rule on custody issues if the Child:

  • Has continually lived in that state for 6 months or longer
  • Was living in the state before being wrongfully taken elsewhere by a parent seeking custody in another state
  • Has an established relationship with people (family, relatives or teachers), ties, and attachments in the state
  • Has been abandoned: or is safe in current state, but could be in danger of neglect or abuse in the home state

There are a number of core factors involved in determining which state is appropriate to initiate or maintain an existing suit.  Usually, there are only two states involved, but it is possible to have more than two states involved in cases where there is a frequent moving of the parties and or the children.  Generally, any state in which one of the parties and the child has continually resided for a year may establish venue to commence a lawsuit.

The Nacol Law Firm PC represents parents trying to enforce these laws; cases where there is a need to persuade courts to apply the specific, narrow exceptions to these general rules in order to have custody cases heard in the most convenient forum in which the most evidence is available; cases where the child’s home state or other basic questions need to be clarified, and cases where a parent has violated or has been falsely accused of violating these laws.

19
Oct
2011

Improving Your Chances of Gaining Custody

11
Feb
2011

My Children Are My Main Priority – Effective Co-Parenting

Co-parenting with an ex-spouse or partner gives children stability and fosters similar rules, discipline and rewards between households.  It promotes a child’s ability to more effectively and peacefully solve problems and establishes a life pattern children can carry into the future.

Effective co-parenting means that your own emotions – anger, resentment or hurt – must take back seat to the needs of your children.  Setting aside these feelings may be the hardest obstacle to overcome after a divorce.  It is important that you remember, co-parenting is not about your feelings, or those of your ex-spouse, but rather about your children’s future happiness and stability. 

The following are useful tips to assist you with co-parenting in the future.

  1. Do not talk negatively, or allow others to talk negatively, about the other parent, their family and friends or their home in hearing range of the child.
  2. Do not question the children about the other parent or the activities of the other parent regarding their personal lives. In simple terms, do not use the child to spy on the other parent.
  3. Do not argue or have heated discussions with the other parent when the children are present or during an exchange.
  4. Do not make promises to the children to try and win them over at the expense of the other parent.
  5. Communicate with the other parent and make similar rules in reference to discipline, bedtime routines, sleeping arrangements, and schedules. Appropriate discipline should be exercised by mutually agreed of both parents.
  6. At all times, the decision made by the parents should be for the child’s psychological, spiritual, and physical well-being and safety.
  7. Visitation arrangements should be made and confirmed beforehand between the parents without involving the child in order to avoid any false hopes, disappointments or resentments toward the other parent.
  8. Notify the other parent in a timely manner of the need to deviate from the order, including cancelling visits, rescheduling appointments, and promptness.
  9. Do not schedule activities for the child during the other parent’s period of possession without the other parent’s consent. However, both parents should work together to allow the child to be involved in extracurricular activities. 
  10.  Inform the other parent of any scholastic, medical, psychiatric, or extracurricular activity or appointments of the child.
  11.  Keep the other parent informed at all times of your address and telephone number. If you are out of town with the child, provide the other parent the address and phone number where your children may be reached in case of an emergency.
  12. Refer to the other parent as the child’s mother or father in conversation, rather than using the parents first or last name.
  13. Do not bring the child into adult issues and adult conversations about custody, the court, or about the other party.
  14. Do not ask the child where they want to live.
  15. Do not attempt to alienate the other parent from the child’s life.
  16. Do not allow stepparents or others to negatively alter or modify your relationship with the other parent.
  17. Do not use phrases that draw the children into your issues or make them feel guilty about time spent with their other parent.  For example, rather than saying, “I miss you,” say “I Love You.”

As you begin to co-parent, you and your ex are bound, on occasion, to disagree.  It isn’t necessary to meet in person—speaking over the phone or exchanging emails is fine for the majority of conversations. The goal is conflict-free communication, so see which type of contact works best for you.  Keep the conversations kid-based.

Remember, respect can go a long way, keep talking, don’t sweat the small stuff, and be willing to compromise.

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