Possession of Children

Apr
28

COVID-19 Emergency! Where Are My Children? They have been taken By My EX!

We are now experiencing the worst Medical Pandemic in the USA since the Spanish Flu Pandemic of 1918. The COVID-19 Outbreak may be changing our American way of life for some time. Many families are in upheaval from fear of loved ones getting the virus, losing jobs, and not having food for their families. And in the middle of this situation you may be going through a family breakup, divorce, or just trying to Co-Parent your kids with your EX.

Now the “Never Want to Live Through It” Scenario may happen! Your kids are picked up by your Ex and they all disappear! Where are they? Are they in danger? When will I ever see my children again?

After you get over your shock, the main question you will ask is:
What can I do to get my children back? 

On March 13, 2020, the Texas Supreme Court issued an emergency order that divorced / single parents should go by the originally published school and visitation schedule in their current decree. Since the last life-threatening pandemic in the United States was the Spanish Flu Pandemic of 1918, most divorce / single parent agreements do not include a pandemic clause! This emergency order was issued with the potential need of closing all courts, non-essential businesses and stay-at-home orders, Texas had to have an order in place to protect the children so that both parents could continue to care and protect them during the Pandemic.

If a custody agreement is in place with the court it is legally binding. If the runaway parent violates the agreement terms, he / she is in violation of the law and will likely face some serious legal consequences.

Many times, the runaway parent may take the children out of your area and may even cross state lines. This violation in your custody / visitation agreement could be considered parental kidnapping if the runaway parent moves over a state line without telling you the new residence of the child or without getting legal permission through the court to move or modify the custody order.

When the runaway parent and children are found, this is what could happen:

  • Custody Arrangements may legally be changed by court orders. You will, in the most aggravated cases, most likely be awarded protective orders or custody with the runaway parent receiving supervised visitation or no contact with the child. 
  • The runaway parent may also face criminal charges and jail time.

At any time, this could happen to you!  If your legal position concerning custody and visitation with your children is in limbo, go secure a family law attorney and the help you need to protect your kids.

*If you were never married or divorced from the runaway parent, or if you have no legal court orders concerning or establishing custody and visitation rights in place, this could be a serious impediment in securing help to find your children.

After you get over your shock, the main question you will ask Is:
What can I do to get my children back?

  • Think Clearly! You must respond quickly. Time is of the essence. 
  • Contact the police immediately. You need to tell them that the runaway parent may have taken the children without permission. Make sure that you have your certified legal court orders that pertain to your parental arrangement agreement concerning your children. It is important to be able to show the police the specific orders and how important it is to find the runaway parent and kids!
  • Contact a family law attorney immediately. Texas Courts are dealing with many of these runaway situations and an experienced family law attorney can help you legally deal with finding your child in a timely fashion. After the runaway has occurred, there will be court intervention to prevent any further occurrences. Custody and supervised visitation issues will also need to be addressed. Texas Judges and Courts will not take a runaway situation lightly by an errant parent! 

Click to open the Texas Supreme Court Emergency Order (pdf)

Nacol Law Firm P.C.
8144 Walnut Hill Lane, Suite 1190
Dallas TX, 75231
(972) 690-3333

Fathers Rights in Texas – WE NEVER GIVE UP!

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Apr
16

Co-Parenting: Time to Mutually Agree to Save and Protect Your Children During Coronavirus Pandemic

Dealing with a worldwide medical pandemic and personally trying to stay alive and healthy is mentally changeling, but for parents who are divorced or have separate custody agreements and co- parent, it can be a disaster for the entire family. Hopefully, this Coronavirus Pandemic will be a short-lived life-threatening situation, but how the Co-parents cope with the problem could deeply impact their children’s emotional life.

In Texas, on March 13, 2020, the Texas Supreme Court issued an emergency order that divorced /single parents should go by the originally published school and visitation schedule in their current decree.  Since the last life-threatening pandemic in the United State was the Spanish Flu Pandemic of 1918, most divorce/ single parent agreements do not include a pandemic clause! 

Do not be one of those parents who decides that they “are the decision maker” and drives away with the kids for an extended vacation to Grandma’s in Florida without telling the other parent. Or deciding that the family circle of trust does not include their Other Parent and refuses visitation or joint decision making.  These hasty, irrational decisions may seem reasonable in this time of national panic but consider the legal ramifications of violating an order.  Since all courts, in Texas, are now closed except for emergency litigation matters only, when the courts are fully operational again and the medical danger has passed, how will a violation of your current decree look to the Judge?  Judges always look to the needs of the child versus the unreasonable expectations of the parent. There will be serious ramifications against the violating parent. 

Let’s look at some ideas on how co-parenting during this pandemic season can work the best for all family members and by joint agreement will save your both money that would normally go to legal fees. 

Just remember that as co-parents your children are most important.  Your child has been told that they can’t see their grandparents because of their age and if infected by the coronavirus, may die. No school, no playing of sports, or playing with friends since they may be infected with a deadly virus and become very ill. Decide to cooperate as responsible co-parents to navigate the child to the new changes in their daily routines without a lot of stress and anxiety on the child.  By keeping the child calm and showing “a united family circle” the child will know that Mom and Dad are there for him/her.  

Some areas of agreement should be that the child will have regular email, phone calls, FaceTime, Zoom visits, and texting with the other parent. The child needs to know that both parents are safe and interested in their wellbeing. Regular visitations times must be made available for the child to see each parent. Remember the child’s core circle of trust are his/her parents and siblings. 

Another very serious matter is the decision of what will happen to the child if one parent becomes ill and cannot care for the child. The joint decision must be made by both parents and must ultimately be in the best interest for the child. 

Custody disputes and circumstances that have totally changed in the last month. Just remember, co-parent cooperation is the best choice. There is no doubt that judges will be happy to hear that parents have worked together to meet their child’s best interest, by taking steps to protect the child’s health and safety. 

This is a time for mutual give and take from both parents. No one is always right nor always wrong. In this upside crazy pandemic world, jointly trying to navigate your family to a better place will have its own rewards. 

If, however, one parent unilaterally refuses to make fair agreements for the children or violates your custody orders, avoid retaliation and follow your decree orders faithfully. This Pandemic will pass, and most Judges will not treat lightly intense misconduct when the courts reopen.

Mark A. Nacol
The Nacol Law Firm P.C.
Dallas, Texas
(972) 690-3333

Click to open Copy of Texas Supreme Court Emergency Order on Child Custody Schedules during Coronavirus Pandemic. (pdf) 

DETAIL
Nov
19

Texas Holiday Visitation Schedule with your Children: Guidelines for Thanksgiving and Christmas

Now is the time to review your Holiday Schedule for visitation with your children during this wonderful time of year! We suggest you review the specific circumstances provisions of your order concerning visitation.  Because many families have specific situations that occur during this special time, this visitation time is the most modified area in the Standard Possession Order. The Holiday schedule will always override the Thursday or Weekend schedules.

Here is a reminder of the current Texas Family Law Code’s Standard Possession Order for the Holidays.

Texas Family Law Code’s Standard Visitation Guidelines for Thanksgiving:
The possessory conservator or non-primary conservator shall have possession of the child in odd-numbered years, beginning at 6 p.m. on the day the child is dismissed from school before Thanksgiving and ending at 6 p.m. on the following Sunday, and the managing conservator shall have possession for the same period in even-numbered years;

Texas Family Law Code’s Standard Visitation Guidelines for Christmas Break:
The possessory conservator or non-primary conservator shall have possession of the child in even-numbered years beginning at 6 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and the managing conservator shall have possession for the same period in odd-numbered years;

The possessory conservator or non-primary conservator shall have possession of the child in odd-numbered years beginning at noon on December 28 and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in even-numbered years;

The Holiday Season should be a happy time for but for families split by divorce, the emotional issues from the result of the break-up on the affected family can cause the joy of the season to be overshadowed by unhappiness and despair!

Unfortunately, many parents, wait too long to confirm visitation plans for the upcoming holiday season, resulting in an unfortunate and a very unhappy family situation.  If you cannot reach an agreement regarding visitation or you believe you may be deprived of holiday visitation by the other parent, now is the time to contact an attorney.

Children need to have structure in their Holiday Visitation schedule to ensure that they will be able to see both parents and share the joy of the season with their entire family.  The children are often the ones who suffer when the Holiday Visitation arrangement goes awry.

The best gift of the holiday a child can experience is an early proactive arrangement of all holiday plans so everyone knows dates and times for visitation with both Mom and Dad.   This Holiday Season vow to keep your child out of the middle of any family conflict and start to develop new holiday traditions with your child and family.  Many parents have new relationships/marriages and other children in the family group. The new holiday traditions should include everyone and be a bonding experience for years to come.

Tips on Dealing with Holiday Visitation Issues

  • Make sure your children have positive holiday memories. Shield them from conflicts between warring ex-spouses.
  • Plan ahead now on scheduling the upcoming holiday visitations. The longer the wait, the more stress involved!
  • If there is a deviation in the holiday schedule this year, make sure it is, in advance, in writing.  Make sure the document shows what times are being exchanged and both parents sign it for future confirmation.
  • Stay flexible and compromise: If you have to work, consider having the kids spend more time with the other parent so they have time with friends.  This is a time for new family traditions and changes from old habits.  Put aside your differences with the other parent and make the children’s time happy with good memories.
  • If age appropriate, ask your children what is important to them during the holidays.  There may be a special place or event that is very important to them; try to accommodate this.
  • Enjoy the Holidays with your children.  This is a special time for wonderful bonding and beautiful memories. Do not undermine their holiday by hateful confrontations and fighting.
  • If you anticipate a problem could arise regarding holiday visitation schedules, don’t delay! Consult a legal expert in time to get the conflict resolved before the holidays commence!

 

By Nacol Law Firm | Possession of Children
DETAIL
Nov
09

The Holidays and Visitation with your Children : Problem Times

The Holiday Season is usually an exciting time for both parents and children alike, but for families split by divorce or separation, the emotion issues from the result of the break-up on the affected family can cause the joy of the season to be overshadowed by much unhappiness and despair!

Unfortunately, most parents wait too long to confirm visitation planning for the upcoming holiday season and a very sad and unhappy family situation occurs.  Now is the time to contact Legal Counsel if you cannot work out or are otherwise being deprived of a holiday visitation by your Ex.

Children need to have structure in scheduling the Holiday Visitations to ensure that they will be able to see both parents and share the joy of the season with their entire family.  When this goes awry, the children are usually the ones who suffer.

The best gift of the holiday a child can experience is an early proactive arrangement of all holiday plans so everyone knows dates and times for visitation with both Mom and Dad.   This Holiday Season vow to keep your child out of the middle of any family conflict and start to develop new holiday traditions with your child and family.  Many parents have new relationships/marriages and other children in the family group. The new holiday traditions should include everyone and be a bonding experience for years to come.

Tips on Dealing with Holiday Visitation Issues

  • Make sure your children have positive holiday memories. Shield them from conflicts between warring ex-spouses.

  • Plan ahead now on scheduling the upcoming holiday visitations. Longer the wait, more stress involved!

  • If there is a deviation in holiday schedule this year, make sure it is in writing.  Make sure the document shows what times are being exchanged and both parents sign it for future confirmation.

  • Stay flexible and compromise: If you have to work, consider having the kids spend more time with the other parent so they have time with friends.  This is a time for new family traditions and changes from old habits.  Put aside your differences with your EX and make the children’s time happy with good memories.

  • If age appropriate, ask your children what is important to them during the holidays.  There may be a special place or event that is very important to them and try to accommodate this.

  • Sit back and enjoy the Holidays with your children.  This is a special time for wonderful bonding and beautiful memories. Do not undermine their holiday by hateful confrontations and fighting.

  • If a potential problem could arise on holiday visitation schedules, make sure you take action legally in plenty of time to consult a legal expert and get the conflict resolved before the holidays commence!

By Nacol Law Firm | Possession of Children
DETAIL
Dec
22

Holiday Season and Divorce? Be the Happy Force for your children with the Sharing Attitude!

Yes, it is the Holiday Season and no, you are not happy! Yes, there is A Grinch who is trying to steal Christmas, but it does not have to be you.  From personal experience, sometimes when you personally are at a very low point in your life, think about others (children, other family members, and friends) who love you and need someone to make their lives happy!

From practicing family law for a long time now, I believe there are elements in divorce that will never change:

  1. You can not make someone love you and stay with you if they choose not to.
  2. The only person that you can be completely responsible for in behavior is YOURSELF!
  3. If you choose to have a bad attitude and try to hurt your EX by alienating your children, then not only are you not winning the divorce game, but you are causing serious damage to your Children. Even if you win, you are a loser. The Kids didn’t ask for this Divorce, they are often stuck because Mom and Dad couldn’t be happy together!

After considering these ideas and deciding no, you are not happy, try giving some effort to help make your family happier this Holiday Season., Like the Grinch, maybe your family’s joy will help you feel just a little bit better!

Here are my “New Divorce No No Rules” that will make the Holiday Season happier for the entire family including your EX:

  1. No talking bad about the other spouse! This is your battle, not the kids! The kids are still related to their other parent and love that parent.
  2. Work on new traditions that involve all family members with their likes and desires.  Mommy and Daddy are not together anymore, a great time for some fun changes in the Holidays. Look to a wonderful new future and adventure for the family and don’t look back!
  3. Get with your ex-spouse and determine the holiday schedule.  Share this schedule with the kids so they will know what is going on and what time will be shared with both parents. Meanness will not be tolerated, be nice!   
  4. Talk with your ex-spouse about coordinating presents. Many divorcing couples try to one up the other parent and this really puts the child into a very uncomfortable situation. Also, a smart money saving idea.
  5. Talk with the children on their ideas for the Holidays. If they would like to have the entire family together for possibly Christmas Eve, or Christmas Morning, this may be a great idea! Remember: this is not totally about your feelings, it is about the love and needs of your family.

“The more you give in to the love of your family, the better you will feel in your heart.”

You, my friend will eventually get over this hurt and go on with your life, but it is always the decisions you make to help your children cope with this family split that will determine your true character as a parent and a person.

Hoping you and your family will have a wonderful Holiday Season and this blog has help to put a smile on your face!   —-Mark A. Nacol

By Nacol Law Firm | Possession of Children
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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