Fathers Rights Blogs

New Texas Laws Affecting Families – In Effect Beginning Sept. 1, 2013

Texas House Bill 845: Standard Possession Order

Amends Family Code provisions relating to standard Texas court orders for possession of a child in suits affecting the parent-child relationship. The bill specifies that written notice for purposes of such possession may now be provided by e-mail or facsimile. The bill provides additional alternative beginning and ending possession times under the standard possession schedule for Mother’s Day weekend and for Thursdays and weekends during the regular school term. The bill also repeals provisions relating to a petition by a conservator for additional periods of possession of or access to a child after the conclusion of the conservator’s military deployment.

Texas House Bill 847: Spousal Maintenance

Amends the Family Code to specify that the agreement for payment of maintenance that is enforceable by contempt is an agreement for periodic payments of Texas spousal maintenance and to prohibit the enforcement by contempt of any provision of an agreed order for maintenance exceeding the amount of periodic support a court could have ordered. The bill authorizes a court to order income withholding in a proceeding in which there is a court-approved agreement for periodic payments of spousal maintenance voluntarily entered into between the parties but prohibits such an order to the extent that any provision of the order exceeds the amount of periodic support the court could have ordered or for any period of maintenance beyond the period the court could have ordered. The bill also specifies that a division of property and any contractual provisions under the terms of a court-approved agreement incident to divorce or annulment are enforceable in the same manner as a division of property provided for in a decree of divorce or annulment. The bill updates relevant enforcement provisions to reflect this inclusion.

Texas House Bill 3017: VA Disability Benefits and Net Resources

Amends Family Code provisions relating to the calculation of net resources for the purpose of determining child support liability. The bill includes U.S. Department of Veterans Affairs disability benefits, other than non-service-connected disability pension benefits, among the types of income considered resources. The bill authorizes a court, in determining whether an obligor is intentionally unemployed or underemployed, to consider evidence that the obligor is a veteran who is seeking or has been awarded either veteran disability benefits or non-service-connected disability pension benefits. The bill also updates language regarding the wage and salary presumption used in the absence of evidence of a party’s resources.

Texas House Bill 847: Enforcement of a Child Support Order by Contempt

Amends Family Code provisions relating to motions to enforce a final order in a suit affecting the parent-child relationship. The bill establishes that a court, in hearing such a motion, is not precluded from awarding court costs and reasonable attorney’s fees to the movant upon finding that the respondent is not in contempt with regard to the underlying order. The bill repeals a provision prohibiting the court from finding a respondent in contempt for failure to pay child support under certain conditions and a provision authorizing the court to award the petitioner court costs and reasonable attorney’s fees in a Texas child support enforcement hearing under certain conditions.

Texas Senate Bill 129: Venue for a Protective Order Application:

Amends the Texas Family Code to expand the venue for filing an application for a protective order against family violence to include any county in which the family violence is alleged to have occurred.

By Nacol Law Firm | UPDATE! New Texas Laws
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Interstate Jurisdiction – Texas Child Custody for Fathers


There are several laws that guarantee the enforcement of custody and visitation orders from cooperating states. These laws include the Uniform Child-Custody Jurisdiction and Enforcement Act ( UCCJEA ) and the Parental Kidnapping Act.

By Nacol Law Firm | Videos on Fathers Rights
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Supervised Visitation Orders – How Texas Fathers can Return to a Standard Possession Order

I Have Been Ordered, Right or Wrong, Supervised Visitation with My Child –

How Do I Return to a Standard Possession Order?

In a perfect world, parents going through the divorce process work together for the best interest of their child(ren) and are granted possession of the child(ren) approximately fifty (+ or -) percent of the time.  However, issues such as severe parental alienation, drug addiction, mental or physical abuse, neglect, and severe mental illness may force a parent to petition the courts to order limited or supervised visitation.  On some occasions, a parent is regrettably ordered into supervised visitation due to false, inaccurate or misleading information.  Regardless of the circumstances, court ordered supervised visitation is costly, may substantially limit the amount of time a parent is allowed to spend with their child, and can create a difficult and costly transition into a standard possession order.

If the court has ordered supervised visitation seek proper counsel from a qualified attorney as soon as possible.  If a case, rightly or wrongly, has been established for supervised visitation by the evidence or circumstances or court order, you will need to build a case for reinstatement of standard or standard expanded possession as soon as possible.

During a supervised visit it is imperative that you keep any comments on the case to yourself. Avoid giving any opinions on the existing judgment or the supervised visitation order.  Within reason, limit your conversation to what is strictly necessary for the child to have a safe, happy and healthy visit. Be polite and courteous with the monitor even if you develop strong negative feelings regarding him or her.  Continue to enforce the importance of wanting and seeing your child and spending quality time with your child as much as possible.  Never, under any circumstances speak negatively about the other parent to or in the presence of the child or the monitor.  Never, use vulgar or abusive language toward or in the presence of the child or the monitor.  The visitation monitor may be an important asset at future hearings regarding a change from supervised visitation to a standard or expanded possession order.

Make every scheduled visit without fail.  If unable to make a scheduled visit, contact the monitor as soon in advance as possible with an appropriate explanation and request an alternative date.  Bring family members whenever possible and clear it with the visitation monitor prior to their attendance.  Bring cards and gifts, not only from you but from family members.  If visits are going well request off-site visits at a nearby restaurant or park.  Though visits may be costly, the more frequently you are observed in a loving relationship with your child the better the chance of supervised visitation being suspended or terminated all together.

Involve a psychiatrist or qualified counselor in your visitation schedule if at all possible.  Such professionals are key as you begin to build your case for standard possession since they are able to make suggestions to the Court as to how visits are progressing and the manner in which standard possession can be accomplished.

If you have been ordered to have drug or alcohol testing performed, take each test as scheduled and make certain you are free of drugs and alcohol.  A positive drug or alcohol test may place you back at square one and undermine your progress.

If a social study is ordered, dispose of any prescription drugs not needed or which are out of date and put away any alcohol in your home.  Make certain your home is clean and orderly when the evaluation is performed.  In such cases, a qualified professional will come to your home and evaluate the environment as it pertains to the best interest of the child.  If you have been ordered into supervised visitation because of drugs or alcohol it is imperative that these items not be sitting around the home when a social worker is performing his/her evaluation to avoid negative results or an  invalid conclusion.

Keep your child support current at all times! If the supervised visitation is placing a financial strain on your ability to pay child support, have an attorney address modifying your child support obligation in a Motion to Modify.  It is counterproductive to request unsupervised visitation if you are not current in your financial responsibility toward your child.

Some very important tips a non-custodial parent should follow on a supervised visit:

  1. Follow the schedule of your visits to the letter.  Never cancel except for dire emergencies!

  2. Always arrive on time.

  3. Focus totally on your children.  Don’t ask about the custodial parent or exchange information or be judgmental in your comments. This is your time with your children.

  4. Have a game plan on what you will do when talking and spending time with your children. Stay open to suggestion from your children on what they would like to do with you so everyone enjoys the visit.

  5. Talk with your children about what you are doing in your life. Ask about their activities and school, but don’t press for information. Let them know that you are interested in what they care about.

  6. Always keep your word. Don’t make promises that you can’t keep!

  7. Avoid talking about the custodial parent at all times, the divorce, and any court actions.  Keep all conversations light and positive.  This is your time for your children.  Use it to reconnect and enjoy each other.

  8. Do not criticize the custodial parent or make negative comments about the supervised visitation. This is all the time you have with the children.  Love, embrace and enjoy them every moment.

  9. You may not like it, but follow the rules set forth for the supervised visitation.  Respect the process and this may help to encourage the court to change your status to unsupervised visitation.

By Nacol Law Firm | Possession of Children
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Supervised Child Visitation for Texas Fathers

What is Supervised Visitation? Supervised visitation takes place between the non-custodial parent and her/his child (ren) in the presence of a third party or family agency who oversees the visit to monitor and ensure the child’s physical and emotional safety.  When supervision is ordered, possession and visitation are supervised by a neutral third party or family agency usually with the capacity to enforce effective measures that are normally ordered and enforced by the courts.

What is the purpose of Supervised Visitations? A supervised visit is for the benefit of the child to have safe contact with the non-custodial parent without having to participate in the parents’ mutual conflicts or other potentially dangerous circumstances.

The following is a potential list of acts and circumstances that usually occur before the custodial parent will request, and the court may order, supervised visitation between the child and the non-custodial parent:

  • Violence or physical endangerment – A noncustodial parent may be denied visitation rights if the parent has abused the child or threatened physical violence.

  • Emotional harm – Where sufficient proof is offered of potential emotional harm or where standard visitation has detrimentally affected a child’s emotional or physical welfare.

  • Child’s l wishes – A court may consider the child’s wishes as to visitation.  The weight given to a child’s preference is dependent on the child’s age, emotional stability, maturity and motives.

  • Abduction – There must be a showing that there is a strong imminent probability of abduction to limit visitation on this basis.

  • Substance abuse – A parent who abuses drugs or alcohol may be ordered to supervise visitation restrictions if the conduct endangers the child or if the parent uses abusive language and/or mistreats the child.

  • Mental illness –Mental incapacity may be a reason for supervised visitation only if it is determined by the court that there is a reasonable potential for harm to the child due to such mental illness.

  • Sexual behavior – Courts rarely deny visitation solely on the basis of a non-marital heterosexual or same-sex relationship.  Courts will, however, cancel overnight visitation by a child with a parent because of the parent’s cohabitation on a showing of an adverse and material negative impact on the child.

  • Incarceration – Visitations for the incarcerated may be suspended only on a showing that such visits are detrimental to the child.

What are the options for Supervised Visitations?

  1. Presence of a “neutral” third party: examples would be grandparent or other family member, friends of the family, close neighbors, and other child care providers.

  2. Presence of the custodial parent: This option is sometimes used when the child is very young. If this option is used the parents must work very hard to not engage in conflict affecting the child.

  3. Presence at a neutral location and monitored by professionals. These sites are staffed by professional and volunteers are trained for supervised visits. The expense these supervised visits can be very costly and may create a deterrent to access and possession by the non-custodial parent. Such agencies may also provide reports and recommendation to the court based on the success or failure of the supervised visits.  These recommendations assist the courts in making informed decisions regarding supervision and whether continued supervision is actually associated and necessary or in the best interest of the child(ren).

By Nacol Law Firm | Possession of Children
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Fathers Rights in Texas – Never Give Up!


Attorney Mark Nacol  provides legal counsel and representation to help you protect and aggressively enforce your rights as a father.

By Nacol Law Firm | Videos on Fathers Rights
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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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