Fathers Rights Blogs

Shared Parenting With Texas Child Possession Orders

If only divorced parents could mutually agree on meaningful possession schedules while co-parenting their kids! But since many cannot or will not, the Texas Courts generally use a One-Size-Fits-All Standard Possession order for all children over three years of age.  The Texas Legislature over time has expanded the schedule to make access a little more flexible. Does this always squarely meet or suit the needs of a child and her/his relationship with both parents?

The Section 153.001 of the Texas Family Code is the State’s policy on possession schedules and its formation:

  1. Assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interests of their child;

  2. Provide a safe, stable, and nonviolent environment for the child;

  3. Encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved the marriage.

The Texas Family Code, section 153.002 also states that “the best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship, possession of, and access of the child”. Because of this the Texas Courts are given wide range in determining a child’s best interest in possession schedules.

What about fair and equal Parent Possession Schedules? This is easier desired than accomplished! In E. Mavis Hetherington’s book, For Better or for Worse, Three types of co-parenting relationships are identified:

  1. Conflicted: Parents have frequent conflict, communicate badly, and have difficulty disengaging emotionally from the marriage (20-25%)

  2. Parallel: Parents who emotionally disengage from each other, with little communication and who usually do not coordinate child-related issues between themselves although conflict is minimal. (Over 50%)

  3. Cooperative: Parents who work together to actively plan their children’s lives and support each other. They work toward conflict free possession schedules in a nurturing parenting situation. (25%-30%)

Despite many separation and divorce related conflicts among parents, the main beneficial recipients of shared parenting are the children. When both parents are positively engaged in the parent-child relationship, probabilities are much higher for positive adjustment, better academic achievement and positive mental development of a child.

In Johnston & Campbell’s book, Impasses of Divorce, their findings support that the majority of parents substantially reduce their pre marital conflict within 2-3 years after divorce. Regrettably, 8%-20% of parents remain in a state of chronic high conflict!

How can Parents promote or enhance shared parenting in possession schedules?

Many parents will usually find a way or the mechanism to eventually work together for the benefit of the child, no matter how contentious the divorce. Even if shared parenting is not possible, parallel co-parenting reducing conflict may be acceptable. But if the parental conflict is high, try to use and enforce a possession schedule that limits parent contact during possession exchanges of the child and accordingly reduce conflict opportunity.

Parents: Leave your conflicts at home. You are divorced!  Concentrate on what is best for your child.  You are the lifetime primary example for your child on how families communicate.  Be mature and responsible and show your child that no matter what has occurred in the past, and regardless of fault, your joint goal is an emotionally healthy child over the long haul.

 

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Social Networking’s Impact on Lawsuits: Some Do’s and Don’ts!

Every day the impact of social networking is growing and affecting the everyday American in all aspects of their lives. The Pew Research Center, http://pewinternet.org/Reports/2013/social-networking-sites.aspx , has just come out with a new study, in which a record 72% of online adults are social networking users! Young adults are the predominate users, but since 2009, the 65+ users have jumped from 31% to 43%!

Another new study by Pew Research, http://pewinternet.org/Reports/2013/social-networking-sites.aspx , finds that most internet users would rather be anonymous online, but cannot! 86% of internet users have taken steps online to remove or mask their digital footprints and 55% of internet users have tried to avoid observation by specific organizations, people and the government! Also a sustainable amount of internet users say they have experienced stolen personal information or others have been taken advantage of from their online visibility.

Some very interesting statistics from Pew Research on “Anonymity, Privacy and Security Online”:

  • 21% of internet users have had an email or social networking site efforts compromised by someone without permission.
  • 12% have been stalked or harassed online
  • 11% have had important personal information stolen, social security, credit card numbers, or bank account information.
  • 6% have been victims of online scams or lost money
  • 6% have had their reputation damaged because of online information
  • 4% have been led into physical danger from online occurrences

What about a potential lawsuit? Are you worried about how your or the opposing party’s social networking could affect the results of a case? You should be very prudent and attentive! The best advice would be to remove yourself from all social networks or take down sites temporary until the completion of the legal case! Do Not Delete! Since that is impractical in many cases here are possible suggestions to consider in your social networking when involved in litigation:

  1. Anything you do or say online could and probably will be used against you!
  2. Make sure that your lawyer knows about your social networking habits and if there are any past conversations or photos that could be used against you.
  3. Have you ever shared a computer with your soon to be ex-spouse or potential ex-partner? Make sure you check the hard drive for relevant information concerning your lawsuit or proof that spyware wasn’t installed on the computer. Also change your email address and password for privacy.
  4. What about your children and their posting on social networking site. Your children are probably a lot smarter than you on texting, emailing or posting online and make sure you check what is being said online and on their cell phones!
  5. Check for posting from co-workers, friends, relatives and enemies as to what they are saying on your site about you or your situation to the world. You may be able to pick up some good information, or learn who is a friend and who you can trust!
  6. Never discuss financial situations or problems online. Got a new car? Taking a trip? The world doesn’t need to know!
  7. Photos or Videos should be a No! No! Until after your lawsuit is over! Delete nothing to avoid penalties assessed by the court!

Think smart, be smart! Social Networking and a Lawsuit is a very combustible situation that usually turns out to your disadvantage. Just say no!

By Nacol Law Firm | Social Networking
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New Texas Law SB 555 Protective Orders For Pets or Companion Animals : Effective Sept. 1, 2013

Many victims of domestic violence often refuse to leave an unsafe environment since many times they must leave their pet behind. These victims many times leave in such a hurry that their pets are unable to join them. The perpetrator of the domestic violence will threaten or harm the pet as a means to intimidate and gain leverage over their victims.

Texas SB 555 amends Family Law Section 85.021, to authorize a court in a protective order, to take certain actions, including prohibiting a party from removing a pet, companion animal, or assistance animal from the possession of the actual or constructive care of a person named in the order.

Texas SB 555 also amends Section 25.07 (Violation of Certain Court Orders or Conditions of Bond in a Family Violence Case) of the Penal Code to expand the definition of “possession” to mean actual or constructive care of an animal. Finally, SB 555 now amends the current law relating to provisions in protective orders regarding pets and other companion animals and provides a penalty for any offense committed by a person if that person harms a pet!

By Nacol Law Firm | UPDATE! New Texas Laws
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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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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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