Fathers Rights Blogs

Nov
15

Recurring Wrongful Conduct: Holiday Violations of Visitation Access

The holidays can be very frustrating times for both spouses when undergoing divorce proceedings that involve custody issues with children and one spouse acts in bad faith or arbitrarily.  If a spouse violates a temporary custody order, he or she may not face consequences at the time but must explain their actions to a district judge in the future.

If a temporary custody order describes in detail the periods of possession during the Christmas holiday, the order is binding on both spouses. The temporary custody order is binding civilly and NOT criminally per se. This is an important distinction to understand before you decide to call the police. Family law matters, with notable exceptions such as domestic violence and protective orders, are generally governed in civil and not criminal courts.  Because temporary custody orders involving children are governed by civil courts, a police officer has no immediate basis to enforce the civil order.

If your spouse refuses to release your child to you at the prescribed time mandated in the temporary custody order, there are certain things that you should do to insure this wrongful conduct properly is documented for future civil contempt proceedings.

  1. Call the police!!! Many police departments will not respond because temporary custody orders are not criminally enforceable, but if the police department decides to respond then you may request a police report to be filed noting that your spouse deliberately violated the temporary custody order. This may be used in Court to persuade the judge to hold your spouse in civil contempt or validate your properly made demand for access in accordance with your temporary order.
  2. Save and preserve any text messages, emails, letters, or recorded phone calls that demonstrate and reaffirm your spouse’s refusal to deliver your children into your custody during the holiday or other allotted time in your visitation order.
  3. Call your attorney and notify him of your spouse’s refusal to deliver the children to you.
  4. Do not be tricked or cohered into a physical confrontation with your soon to be ex-spouse!!!

By completing these four tasks you will be gathering and preserving evidence to hold your spouse in civil contempt of Court. After the Christmas Holiday season or other access periods are over, your lawyer with your consent will file a motion to hold your spouse in contempt of Court for violation of the temporary custody order. If your spouse is found in civil contempt of Court, he or she may be fined, ordered to jail for up to 180 days until the fine and attorney fees are paid, and the violation may be a solid basis to favourably modify the previous temporary custody orders. Such rulings are at the judge’s discretion.

Though you may feel helpless at the time, justice may be achieved through the District Courts in the form of civil or contempt sanctions. Judges usually look down on a spouse that blatantly violates temporary custody orders especially during Christmas or other special holidays.  Just relax and be patience if your spouse refuses to deliver the children to you and document the conduct.  Justice may take time but in the end, it is usually affirmed.

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

By Nacol Law Firm | Protective Orders
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
Oct
10

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
Sep
21

What Are Your Father’s Rights In Texas?

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!

DETAIL
Sep
17

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 impulsivity, dangerous lifestyles involving cockiness, selfishness, manipulatives 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 meet 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 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 frighten 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 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, if 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 participation 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 drawn-out narcissistic rage and know that he 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
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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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