Are you the father of a child in Texas and Mom is refusing to let you see or communicate with your child? Are you paying child support in Texas for your child, yet Mom tries to dominate all interaction between you and the child to suit her needs. Is this Parental Alienation in the present or a step commencing down that path?
Fathers have rights in Texas and because this is one of the more frequent calls we receive from Dads, I thought it was time to discuss some specific law from the Texas Family Code regarding the rights and duties afforded to a Parent, whether Mom or Dad!
Under the Texas Family Code a “Parent” is defined as the mother, a man presumed to be the father, a man legally determined to be the father, a man who has been adjudicated to be the father by a court of competent jurisdiction, a man who acknowledged his paternity under applicable law or an adoptive mother or father.
Tex. Fam. Code Sec. 160, otherwise known as the Uniform Parentage Act, states that a man is presumed to be the father of a child if:
1. he is married to the mother of the child and the child is born during the marriage;
2. he is married to the mother of the child and the child is born before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;
3. he married the mother of the child before the birth of the child in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or before the 301st day after the date the marriage is terminated by death, annulment, declaration of invalidity, or divorce;
4. he married the mother of the child after the birth of the child in apparent compliance with law, regardless of whether the marriage is or could be declared invalid, he voluntarily asserted his paternity of the child, and:
a)the assertion is in a record filed with the bureau of vital statistics;
b) he is voluntarily named as the child’s father; or
c) he promised in a record to support the child as his own; or
5. during the first two years of the child’s life, he continuously resided in the household in which the child resided and he represented to others that the child was his own.
If the above applies to you and you have established legal standing to support that you are “the father,” what are your rights and duties as the Texas Family Code Sec. 151.001 states:
§ 151.001. Rights and Duties of Parent
(a) A parent of a child has the following rights and duties:
(1) the right to have physical possession, to direct the moral and religious training, and to designate the residence of the child;
(2) the duty of care, control, protection, and reasonable discipline of the child;
(3) the duty to support the child, including providing the child with clothing, food, shelter, medical and dental care, and education;
(4) the duty, except when a guardian of the child’s estate has been appointed, to manage the estate of the child, including the right as an agent of the child to act in relation to the child’s estate if the child’s action is required by a state, the United States, or a foreign government;
(5) except as provided by Section 264.0111, the right to the services and earnings of the child;
(6) the right to consent to the child’s marriage, enlistment in the armed forces of the United States, medical and dental care, and psychiatric, psychological, and surgical treatment;
(7) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child;
(8) the right to receive and give receipt for payments for the support of the child and to hold or disburse funds for the benefit of the child;
(9) the right to inherit from and through the child;
(10) the right to make decisions concerning the child’s education; and
(11) any other right or duty existing between a parent and child by virtue of law.
Both parents have these rights unless a court order has created, modified, ordered, or delegated the statuary rights of a parent. The rights you have will support and empower you in a hands on relationship with your child.
All parents have the right to have a relationship with their children! One misguided parent may attempt to employ parental alienation to hurt the other parent and cause the child to be denied a loving relationship with the other parent. Know your rights and contact an attorney who can help you and your child fulfill a meaningful relationship!
The Law Office of Nacol Law Firm P.C. is proud to announce that we have moved from our Richardson TX Office location to our new office at the Walnut Glenn Tower, located at Walnut Hill Lane and North Central Expressway, in Dallas, Texas.
We look forward to seeing you at our new location!
Our new location and address is:
Nacol Law Firm P.C.
8144 Walnut Hill Lane
Our phone number remains the same – (972) 690-3333
Visitor Parking Information at our new office location in the Walnut Glenn Tower:
Visitor parking is available on the first floor of the attached garage on the east side of our building and along Walnut Hill in front of the parking garage.
See Map below for Directions to Nacol Law Firm in Dallas TX
When the warning signs of a fractured relationship with your spouse have been surfacing for quite a while, many people are still caught off guard when their spouse asks for “The Divorce”. Although the husband may cause marriage problems, about 75% of divorces are initiated by the wife.
Usually one spouse is in shock/denial and may want to truly try to salvage the marriage. At times a spouse will try to blame the other spouse of being a quitter for wanting to be legally released from an unacceptable marriage. Often the non-initiating spouse is at the point where it is a relief that “The Divorce” question has surfaced and will readily agree that divorce is the right option.
Marriage and family is not an easy proposition at times and sometimes it is easier to just say goodbye and return to single life. But if you truly love your spouse and family you should look at the warning signs and try to change the direction of the marriage. Every relationship has its up and downs and needs new considerations at times. Take time to review your relationship and catch early warning signs that the marriage may be running off its tracks.
What are some serious signs that you and your spouse could be headed for a DIVORCE?
- Spouse interaction is more negative than positive: Marriage researcher, Dr. John Gottman researched the negative/positive effect and found that stable marriages have 5:1 ratio of positivity to negativity during conflict. Whereas unstable marriages have .8:1 ratio of positivity to negativity during conflict (Gottman & Levenson 1999). The acceleration of verbal criticism, nagging, and sarcasm in a relationship can be a definite sign that there is trouble in the marriage.
- Stonewalling when “you can’t break down the wall”: Stonewalling is a refusal to communicate or cooperate through body language or verbally shutting down when a situation with your spouse gets out of control and you don’t know how to handle the situation. This is very serious and may be the time to bring in a marriage counselor to help work through this problem.
- No Conflict Resolution: Marriage researcher, John Gottman, states that the lack of communication isn’t the marriage breaker but the lack of effective conflict resolution. This is a very serious problem when couples can’t reasonably work out their differences without causing injury to their relationship and finally quit communicating with each other to avoid more disagreement and conflict.
Other times one spouse or both have reached the point where every conflict has become a situation that must be “won” by bullying the other spouse into submission. There must be a “winner” but with this win comes mutual loss of respect, increasing distance and eventual withdrawal from the relationship.
- Emotional and Physical Disengagement and Disaffection: When couples can’t communicate, they will find different avenues for emotional engagements. Many neglected spouses will look out of the marriage at other values or priorities that helps them feel connected. A new religion, lifestyle, or job opportunity that the other spouse would never agree with can now be a reality for them.
Emotional Disengagement is usually accompanied by withdrawal of affection. Couples in a divorce situation consider themselves “fallen out of love” with their spouse.
- Sudden Change in Behavior? Has your partner suddenly started caring more about their appearance and spending more time “away from” home. Or more time is spent with their children and instead of “our marriage” everything is centered around “our children”?
Has your sex life disappeared? This is a good indicator that your emotional disengagement is advancing steadily and the spouses take no pleasure in each other. These are serious signals of rapidly eroding bonds in your marriage if not in a terminal state.
- Preparation for the “Single Life”: As people get tired of dealing with each other and the total indifference of the relationship, they will start living parallel lives and finally dissolve their personal relationship. Many couples heading for divorce will take up new habits and friends that differ from their spouses. New social networks will be centered around a single lifestyle.
Sounds like your current life with your spouse? DON’T GIVE UP YET! IT IS NEVER TOO LATE TO SALVAGE A FADING MARRIAGE! If people will realize that a marriage is not perfect and there will be conflict a certain percentage of time. Concentrate on working out a solution together to have a positive, loving relationship that can withstand the bad times. Just Remember: there was some spark that drew you to your spouse. Try to find it again or divorce.
In Texas it is the responsibility of a mother and father to adequately support their child. An adequate support usually comes in the form of child support payments monthly. It is a common mistake of judgment to attempt to hide from child support obligations or willfully ignore the obligation. Intentional non-payment gives rise to contempt proceedings
The circumstances regarding the parent’s decision not to pay child support is considered by the court in contempt proceedings. Texas Family Code 154.131 strictly deals with retroactive child support payments. There are four factors a Texas Court will consider when determining how far back a parent must make child support back-payments. They are:
- If the mother of the child had made any previous attempts to notify the obligor (delinquent parent) of his paternity or probable paternity;
- If the obligor (delinquent parent) had knowledge of his paternity or probable paternity;
- If the order of retroactive child support will impose an undue financial hardship on the obligor (delinquent parent) or the obligor’s family; and
- If the obligor (delinquent parent) has provided actual support or other necessities before the filing of the action.
All these factors will be taken into consideration by a Texas Court when determining how far back and how much an individual must pay child support.
If it is reasonable and in the best interest of the child then the Texas Family Code 154.131(c) allows for the Court to assign retroactive child support payments that only extends back 4 years. The option to confine retroactive child support payments to only four years may be contested by the parent requesting the child support. A parent that is contesting the Court’s decision in allowing the delinquent parent to pay back only four years’ worth of back-payments will have the burden of proof to establish:
- The Obligor (delinquent parent) knew or should have known that he was the father of the child for whom the support is sought
- The Obligor (delinquent parent) sought to avoid the establishment of support obligation to the child
If, however, a father is delinquent on child support because he did not know of the child’s existence, was told by the mother that his support was not wanted or needed, or the father had been paying a certain amount prior to the filling of the child support then the Court will likely only award retroactive payments of four years or less. If the father has willfully refused or ignored his obligation to pay support and adequately support his child, then the Court has the authority to order that delinquent parent to pay retroactive child support payments dating back to the day the child was born.
Retroactive child support can be complex and tricky considering the multiple circumstances in which this problem may arise. If you find yourself in this predicament and have received a summons to a Texas Child Support Court, then contact an experienced attorney immediately to see what can be done and how to best effetely address this unavoidable issue.
Many headlines are common as to in what ways Domestic Physical Violence and Physical Abuse affects families and individuals. Consider however the silent spoiler of marriage: Emotional Abuse!
Most domestic abuse and violence commences with deliberate on-going negative behavior by one partner/parent against another family member as the abuser demeans and dismantles the victim’s feelings of self-worth and independence.
Just because a person does not end up in the hospital as a victim of physical abuse, emotional scars and a resulting negative self-image may adversely impact the individual for their entire life.
Emotional abuse often includes verbal abuse, controlling behavior, intimidation and isolation. Most emotional abusers will also make multiple violence threats and orchestrate other non-physical types of punishments if their victims refuse to blindly obey.
Since “the Abuser’s Goal is Always Control”, economic/ financial control is one of the most common forms of emotional abuse. Victims have feelings of “no way out” from abusive relationships and strict financial control imposed by the abuser results in spiraling hopelessness.
What are some serious financial control issues to look out for? Do you have a problem?
Total controlling of all family expenses.
Withholding money and credit cards and strict, unrealistic allowance restrictions.
Withholding basic necessities (food, clothing, shelter, medical needs).
Controlling your choice of career and prevention or obstruction from gainful employment.
Sabotaging your job by constantly calling you, causing problems with your boss or associates, and causing you to miss work.
Stealing money from you.
All types of abuse are sick, but emotional abuse the silent spoiler of lives is often overlooked until it is too late. Every family member in these cases may be effected and scared for years. Many children who are tainted by abuse never completely know a normal loving relationship with a partner, spouse, or child since their low self-esteem prevents normal intimacy with others.