Fathers Rights Blogs

Feb
09

Father’s Access and Possession of Their Children: A Father’s Absence can be Disastrous to his Children’s Lives

There is now a discernible shift in the United States concerning Fathers Rights. A new legal awareness in many state family courts is leaning towards both parents need to be involved in raising a normal loving child.  Mom and Dad may not be able to live as a couple, but the child deserves to have both parents in his/her life. Many legal professionals in the United States are working on changing old antiquated strict ideas on the parental foundation structure of the family.  Ideas on raising children, even in a broken family, need to include both Dad and Mom.

According to the National Center for Fathering, “More than 20 million children live in a home without the physical presence of a father. Millions more have dads who are physically present, but emotionally absent. If it were classified as a disease, fatherlessness would be an epidemic worthy of attention as a national emergency.”

“Psychology Today” researchers have found this statement to be true. The results of father absence in their children’s lives can be disastrous. Specific behavior for many of these children are: 

  1. Children’s diminished self-concept, and compromised physical and emotional security 
  2. Behavioral problems (fatherless children have more difficulties with social adjustment, and are more likely to report problems with friendships, and manifest behavior problems) 
  3. Truancy and poor academic performance (71% of high school dropouts are fatherless; fatherless children have more trouble academically, scoring poorly on tests of reading, mathematics, and thinking skills. 
  4. Delinquency and youth crime, including violent crime (85% of youth in prison have an absent father; fatherless children are more likely to offend and go to jail as adults)
  5. Promiscuity and teen pregnancy 
  6. Drug and alcohol abuse 
  7. Homelessness (90% of runaway children have an absent father)
  8. Exploitation, A, and emotional maltreatment 
  9. Physical health problems and Mental health disorders
  10. Life chances and future relationships
  11. Mortality (fatherless children are more likely to die as children, and live an average of four years less over the lifespan)

“When fathers are actively involved with their children, children do better, states Dr. Paul Amato, noted parent-child relationship sociologist at Pennsylvania State University. “Research suggests that fathers are very important for a child’s development”. The “Fathers Effect” is the term for the benefits of the paternal presence. These effects are numerous when fathers actively participate in family life. Minimum time must be spent together, but quality of time is more important than quantity of time”.

Fatherhood trends in America are changing! With the increase in the number of mothers who have now entered the job market, more fathers have started taking a more active role in caring for their children as single fathers are significantly growing in numbers. Pew Research has come out with new facts on American Dads and here are their key findings:

  • More dads are staying home to care for their children 
  • 57% of fathers see parenting as central to their identity with 54% find parenting rewarding all the time.  
  • Work-family balance is a challenge to balance work and family life. 52% of working dads say it is very or somewhat difficult to do so. 
  • 74% of men face major pressure to support their families financially, while 49% face pressure to be involved parents. 
  • It has become less common for dads to be the family’s sole breadwinner. 
  • Fathers are much more involved in childcare. But in caregiving mothers are still view as the primary parent.
  • 63% of fathers still feel they spend too little time with their children usually because of work obligations. 

In the future it may be possible for 50/50 joint custody and co-parenting with both parents to be the legal presumption and the norm for presumed access and possession of Divorce or Mediation Orders.  Divorce is never blameless, but raising a child is where parents must raise above their personal feelings and think of what is best for the child. 

Nacol Law Firm P.C.
Fathers Rights Attorneys
Dallas TX
(972) 690-3333

By Nacol Law Firm | Possession of Children
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Feb
01

Texas Fathers and Child Custody Cases – Time for Modifications or a Change?

The New Year is always a good time for personal changes and after another stressful Holiday Season with your kids and Ex, you have decided to make some serious changes in your child custody situation to stabilize the entire family. Mom is not helping and the children are seriously acting out.  What to do? What to do?

Maybe it is time to look at changing your child custody status with the children or at least modifying the current orders. Many changes have occurred in American Family Behavior and fathers are taking a more active role in their children’s lives.  The Pew Research Center has recently published some new research on today’s fathers with some important and surprising changes:

  • Fewer dads are the family’s sole breadwinner: dual income households are now the dominant arrangement (60%). Both mom and father must now be responsible for child raising and home chores.

  • Dad and mom roles are converging: fathers have taken on more housework and child care duties and moms have increased time spent at a paid job. There is definitely a more equal distribution of labor between mother and fathers in today’s world.

  • Fathers feel they spend more or as much time with their children as their fathers did when they were children

With the latest scientific research showing that a father’s involvement is essential to a child’s social, moral, and physical growth during the adolescent period, many state legislatures and family courts are now recognizing a father’s ability to care for his children as equal to the mother.  Courts are also looking at the more stable parent, who may have a better income and parenting plan in place for the child and is capable of providing a better home life and more quality time with the child.

Another reason for changing opinions regarding fathers’ rights child custody issues has been the high divorce rates and the affect it has had on the USA population life experiences.  Many adults have been raised in a divorced home with Mom as the main custodial parent. Now these adults are divorcing they want a different and better experience for their own children and their lives.

Things you want to consider as you prepare for your child custody battle are:

  1. Who has the financial ability to best care for the child (ren)? Be sure to have income tax verification, W-2 Forms and other financial information available.

  2. Establish a detailed viable parenting plan (child care, after school care, transportation, pediatrician, etc.).

  3. Who is more stable and/or can provide the best home for the child (ren)?

  4. Where has the child (ren) been attending school? Is it possible to keep the child (ren) in the same school district?

  5. Prepare a chronology of events leading up to the divorce including treatment of the child(ren), time spent with the child(ren), activities with the child(ren), the child(ren)’s schedule.

  6. Consider if a home study should be prepared regarding each home of the child (ren).

  7. Consider whether a psychological evaluation should be done on the mother?

  8. Is drug testing necessary? (Be sure to request hair follicle drug testing.)

  9. Is there an alcohol or other addiction problem in the home?

  10. Who can provide the best moral upbringing for the children?

  11. Is there evidence such as pictures, social networking sites, video tapes, texting, etc. that may help your case?

  12. Avoid unnecessary compromising photos, data on social networking sites, or texting!

Just Remember the five biggest mistakes men make in a custody suits are: 1) failing to respond to the legal action itself; 2) obtaining incorrect child custody legal advice (from friends and family rather than a legal expert); 3) signing a quick child custody settlement agreement while passions are high that is later deeply regretted; 4) failing to perform under the actual settlement agreement as signed; and 5) getting frustrated and/or acquiescing to unreasonable demands and orders.

Think smart when contemplating Child Custody Modifications, be prepared and get an experienced legal professional to help you accomplish your goals!

By Nacol Law Firm | Child Custody
DETAIL
Feb
01

Divorcing a Narcissist

What is a narcissist? Narcissistic Personality Disorder or ‘NPD” is a mental disorder where the person has very inflated self-esteem issue and a serious need for admiration and special treatment from other people. Typical arrogant behavior and lack of empathy for other people causes many problems in all emotional areas of their lives and relationships.

Narcissists are also very aggressive and usually have impulsive tendencies, dangerous lifestyles involving cockiness, selfishness, manipulation and power motives. These individuals are usually very exciting personalities at first meeting, but later cause unfulfilling relationships resulting in anxiety and depression at the end of the day.

You have met the “most exciting” person in the world who has self-esteem problems and can’t get along with anyone, including you! The big problem is that you married this person and now you MUST FIND A SOLUTION TO THIS SITUATION AND GET A DIVORCE!

The marriage adventure is over. Your married life to your narcissist was a total disaster and you know that you need to get a divorce. Are you frightened that you could very well lose everything in this divorce from hell since you may lack the manipulating skills that your narcissist spouse skillfully uses on all aspects of his/her manipulative lifestyle?

Before you start the Divorce battle with your narcissist, you must “Stop Feeling and Start Thinking”! You have been emotionally battered and mutilated for years by this spouse, but now is the time to take over your life and your children’s lives and decide that Your family DOES NOT AND WILL NOT TAKE THIS ABUSE ANYMORE FROM YOUR SPOUSE!

Here are some tips on planning your exit from this marriage and Win control of your life and your family lives.

  • BE PREPARED! If you are thinking of going through with this divorce, start your preparations now!  You need total knowledge of your family’s financial situation.  On our website you can pull off a blog “Texas Divorce Financial Checklist” (http://www.divorcedallastx.com/texas-divorce-financial-checklist/) which will give you a guideline on your financial information needed.  Update this information immediately. Know who makes what and where all monies and assets are located. All banking and account information should be update for correct account numbers and balances. This will help you determine how much money you will need to live on and what you can plan on your part of the assets.  This will also give you an idea on what funds you can use to hire a competent attorney to help you get through the divorce.
  • RESEARCH PRIORITY ISSUES! Educate yourself on divorce issues, such as child custody and visitation, who gets the house, property separation, spousal maintenance and child support in your state.  Prioritize what is important to you and prepare questions to ask an attorney on what your expectations should be.  All or nothing does not work.  Set Reasonable goals.
  • START INTERVIEWING ATTORNEYS to find a good match to help you through this complicated divorce.  Look for an attorney who deals with difficult family law cases concerning emotional/domestic abuse, high conflict individuals, or contested child custody.  Even if you are served divorce papers, take your time finding an experienced attorney who will be your advocate in the divorce.  DO NOT HIRE A NARCISSIST ATTORNEY! This would be a disaster!
  • Help Plan your Divorce Game plan! No one knows your Narcissist spouse or family situation better than you.  What arguments/facts will they come up with to hurt your position? Discuss your entire situation with you attorney and work together on your divorce approach.  Your attorney will help you determine your final goals through experience from his previous experience in such matters.
  • STAY REASONABLE AND TRY TO KEEP EMOTIONS STEADY! Don’t let your narcissist spouse turn you into a narcissist! You cannot win this way! Think logical, use true facts, and don’t go overboard financially battling with him/her. If this gets settled, goes to mediation, or ever a jury trial, it will be over and you will greatly improve your life.

You married a Narcissist and now you are divorcing him/her.  You must be prepared knowing that your spouse will now be able to participate in the greatest show of their lives, “THE DIVORCE”. Your spouse will try to show what a horrible, ungrateful, unworthy person/parent you are and how badly you hurt your innocent victim/martyr spouse.

Irrelevant are your feelings and emotions. By thinking and planning your divorce strategy with a qualified attorney you will be prepared for battle and to live your life as you choose.

Remember the focal point of his/her narcissistic behavior is the fear of abandonment and threat to his/her self-worth. Be well-prepared for the battle ahead. The key is to not respond emotionally and let it drain you. Observe their behavior as a disorder, and don’t absorb it as a literal or personal attack on you.

If you mitigate for his/her drawn-out narcissistic rage and know that he/she may attempt to destroy you, you will less likely feel bullied or defeated. Be forewarned, you will be less victimized by something you expect.

By Nacol Law Firm | Divorce Checklist . Filing for a Divorce
DETAIL
Jan
31

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.

By Nacol Law Firm | Child Custody . Interstate Jurisdiction
DETAIL
Jan
31

Are You An Alienated Parent With A Parental Alienation Syndrome (PAS) Family Experience? What Can You Do?

There is nothing worse than a family torn apart by parents who are battling over child custody.  Many of these cases are in serious litigation and often, these disputes will continue for years.

What is Parental Alienation Syndrome (PAS)?   In the 1980’s, forensic psychiatrist, Dr. Richard A. Gardner noticed a large increase in a disorder where one parent will program or brainwash a child to alienate the other parent.  He also found the child was self-creating contributions supporting the alienating parent’s campaign of denigration against the targeted parent.

Dr. Gardner’s definition of PAS: Parental Alienation Syndrome (PAS) is a disorder that arises primarily in the context of child-custody disputes.  Its primary manifestation is the child’s campaign of denigration against a parent, a campaign that has no justification.  It results from the combination of a programming (brainwashing) parent’s indoctrinations and the child’s own contributions to the vilifications of the target parents. (Gardner, the Parental Alienation Syndrome)

There is no pure PAS diagnosis if the child still has a positive relationship with the parent even though the other parent is trying to alienate the child.

Courts are generally more conservative in their judgment acknowledging PAS in high conflict cases.  Even though Parental Alienation evidence may be overwhelming, often courts will enter judgments allowing the “parents to make joint decisions about the child’s welfare.”  This will not ever happen between two alienated parents! In many situations it will take a dramatic or tragic situation to force the court to change primary custody. When the alienating parent becomes unstable mentally, the court will recognize that there is something “out of line” and will become more supportive of the targeted parent.

What are the Best ways for the Alienated Parent to Deal with the PAS issue?

  1. Keep your “cool”. Never retaliate. Never act in anger since anger=unstable.

  2. Never give up! You cannot let your child grow up in this environment of hate. The child is the victim of a situation that he/she never asked to be in.

  3. Be “Proactive”! It is a terrible situation for the entire family, but work on seeking constructive action to solve the problem. Do not allow yourself to become a victim!

  4. Always keep a journal of dates and times of major key events. Explain when the situation occurred and what happened specifically. Any Witnesses?

  5. Always call and show to pick up the child even when you know he/she will not be there. Try to contact the police to have a record of the no-show event or take a witness to video the denial of possession. You do have an interest in your child, no matter what the alienating parent says.

  6. When you do see the child, focus on enjoying your parent-child time together. Never talk badly about the other parent and do not let children overhear inappropriate conversation on the telephone.

  7. Hire a skilled family lawyer who has experience in parental alienation syndrome issues.  Do your homework on PAS and interview the lawyer on his experience and what your issues are. If you are not satisfied look again.  This is your life and you are trying to save your child.

  8. Be prepared to financially see this case to the end.  Most of these case last for years. You cannot start and stop.

  9. A forensic evaluator in PAS cases is usually an asset in showing that there is truly alienation occurring and recommend changing legal and primary custody to the alienated parent. An appropriate parenting plan included showing how well the child will be taken care of with the alienated parent, is advised.

  10. Always pay your child support on time and never violate court orders. Never give the alienating parent reason to question your behavior.

  11. Last but not least, to show that your parenting skills are superior, take a comprehensive parenting course to be able to show the court that you strive to be the best parent you can to the child, no matter what the alienating parent says.

By Nacol Law Firm | Parent Alienation
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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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