Fathers Rights Blogs

Aug
02

Parental Alienation Syndrome and the Impact on Children

Parental Alienation Syndrome is the systematic denigration by one parent with the intent of alienating the child against the rejected parent. In most cases, the purpose of the alienation is to gain custody of the child and exclude involvement by the rejected parent. In other cases the alienator wants the rejected parent out of the way to start a new life, or the aligned parent wants more of the marital money and assets than he/she is entitled to and uses the child as a pawn. The aligned parent hates the rejected parent and the children become false weapons. These are just a few reasons Parental Alienation occurs in domestic disputes.

Parental Alienation Syndrome is common because it is an effective though devious device for gaining custody of a child. Through systematic alienation, one parent may slowly brainwash a child against the other parent. The parent involved in such alienation behavior then may gain the misplaced loyalty of the child.

In a recent survey, one in five parents stated that their primary objective during the divorce was to make the experience as unpleasant as possible for the former spouse; despite the effects such attitudes and behavior have on the children.

Parental Alienation Syndrome is a form of emotional child abuse. Parents in hostile separations may suffer depression, anger and anxiety or aggression. The expression of these feelings results in withdrawing of love and communication which may extend to the children through the alienating parent. When the mother is the alienator, it is a mechanism employed to stop the father from having contact with his children; and can be described as the mother holding the children “hostages.” The children usually are afraid of the mother, frequently identify with the aggressor, and obey her as a means of survival. The child may also be instilled with false memories of the father, coached and/or brainwashed.

Studies show that Parental Alienation is experienced equally by both sexes. Adolescents (ages 9-15) are usually more affect than younger children. Children most affected tend to be those subjected to parents’ highly conflicted divorces or custody battles. A study by Fidler and Bala (2010) show increasing incidences and increased judicial findings of parent alienation in the US. 11-15% of all divorces involving children include parental alienation issues.

If the parental alienation has been successful and has influenced the child against the target parent, the observer will see symptoms of parental alienation syndrome. Many children appear healthy until asked about the target parent.

Warning signs of a Parental Alienation Syndrome Child:

  1. The child is a “parrot” of the aligned parent with the same delusional, irrational beliefs and consistently sides with this parent. Denys suggestions that their hatred for rejected parent is based on views and behavior of aligned parent.
  2. Idealization of aligned parent and wants to constantly be in the aligned parent presence.
  3. The child develops serious hatred for the rejected parent and rejects a relationship with the rejected parent without any legitimate justification. The child sees nothing “good” about the rejected parent and only wants to destroy the relationship.
  4. The child refuses to visit or spend time with the rejected parent, frequently faking fear.
  5. The child’s reasons for not wanting a relationship with the rejected parent are primarily based on what the aligned parent tells the child. Accusation against rejected parent too adult-like for the child’s age.
  6. The child feels no guilt about his/her behavior toward the rejected parent and will not forgive past indiscretions.
  7. The child’s hatred extends to the rejected parent’s extended family, friends, partner, or Idealization of aligned parent aligned parent without any guilt or remorse.
  8. Ignores/rejects the rejected parent in the presence of the aligned parent.
    • Children who live in alienated family situations are usually unable to form healthy relationship with either parent. Some of the areas of concern for children impacted by parental alienation are:
    • Emotion Distress, Anxiety, Depression, and Self Hate
    • Poor reality testing and unreasonable cognitive operations
    • Low self-esteem or inflated self-esteem, Pseudo-maturity
    • Aggression and conduct disorder
    • Disregard for social norms and authority, adjustment difficulties
    • Lack of remorse or guilt

Parental Alienation Syndrome is recognized by the courts but is very difficult to define and in most cases requires bringing in County Social Services, Child Protective Services, and/or other professionals. Anyone claiming Parental Alienation Syndrome should look for family therapy as a constructive way forward. Other forms of abuse are physical, sexual, and neglect which are much easier to identify.

Children having some of these symptoms need help. Please contact an attorney and discuss your options on how to help this child. Formulate a plan to move forward. Do not give up your parental rights! Your child desperately needs and is entitled to your help!

By Nacol Law Firm | Parent Alienation
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Aug
02

Need to Know About Spousal Maintenance Laws in Texas?

Texas spousal maintenance can be a useful and effective tool in a divorce. A spouse lacking sufficient property or the means to provide for his/her minimum reasonable needs, may have awarded additional funds from the other spouse during the divorce and after to help rebuild his/her life following their divorce.

In September of 2011, the Texas Legislature revised and modified the requirements for spousal maintenance including the limits on amounts and duration of time allowed.

The eligibility requirements of the Texas spousal maintenance law is still considered one of the more restrictive spousal maintenance laws in the U.S.

To be able to be awarded Spousal Maintenance (statutory term for spousal support or alimony) you must be married and the spouse seeking support must lack sufficient property to provide for the spouse’s “minimum reasonable needs”. Also one of the following is required:

  1. The recipient must be unable to earn sufficient income to provide for his or her minimum reasonable needs because of an incapacitating mental or physical disability.

  2. The marriage lasted for 10 years or longer and the recipient lacks the ability to earn sufficient income to provide for his or her minimum reasonable needs.

  3. The recipient is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse’s minimum reasonable needs.

  4. The person ordered to pay support was convicted of or received deferred jurisdiction for an act of family violence during the pendency of the suit or within two years of the date the suit was filed.

The Maximum Amount of spousal maintenance the courts may award is $5,000 per month, although it is still limited to 20 percent of the Payer’s average Gross Monthly Income.

   The Maximum Duration of Time for spousal maintenance is:

  • Five years if the marriage is 10 years or less and the eligibility for spousal maintenance is established by an act that constitutes family violence.

  • Five years if the length of marriage is at least 10 years but no more than 20 years.

  • Seven years if the marriage length was at least 20 years but no more than 30 years.

  • Ten years if the marriage length lasted 30 years or longer.

In cases where the spousal maintenance is awarded due to the mental or physical disability of the spouse or a child of the marriage, the court may order the maintenance continue as long as the disability continues.

The spousal maintenance awarded by the court is discretionary and may not always eliminate the shortfall of the requesting spouse’s monthly expenses.

What about Termination of Spousal Maintenance? The obligation to pay future maintenance terminates on the death of either party or on the remarriage of the spouse receiving the maintenance.

If the court finds that the receiving spouse cohabits with another person and is in a dating or romantic relationship in a permanent place of abode on a continuing basis, the court shall order the termination of the maintenance obligation.

Termination of the maintenance obligation does not terminate the obligation to pay any maintenance that accrued before the date of termination and this amount will have to be paid or a judgment will be enforced by the court.

If you are thinking about a divorce in Texas and have questions concerning your eligibility for spousal maintenance contact a legal professional to help you through this process.

 

By Nacol Law Firm | Spousal Support
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Jul
27

Unique Possession Orders that Work with a Fathers Profession

Many professions create impositions on conservators making a standard possession order inapplicable and unworkable. The Court may deviate from a standard possession order if the order is inappropriate or unworkable in reference to the schedules of both the conservators and the child. Unique professions and irregular school schedules for children allow the Court to have flexibility to deviate from a standard possession order that is in the Best Interest of the Child. There are multiple ways in which the Court may depart from a standard possession order to fulfill the needs of all parties involved with the custody of the child.

First, the Family Code § 153.254 states that the Court will be allowed deference to modify the standard possession order if work schedules of either conservators or the school schedule of the child is irregular. The Court must attempt to narrowly tailor the modifications to keep the new possession order as similar to the standard possession order as possible. This instance most commonly occurs when the Managing Conservator and the Possessory Conservator cannot reach an agreement and one of the two Conservators has a unique profession such as a firefighter, police officer, or airline pilot. The working hours of these jobs allow the Court to modify the standard possession order even if both of the parties do not comply with the changes. The modifications must be made only if it is in the Best Interest of the Child.

Secondly, the standard possession order may always be modified if it is by the mutual agreement of both the Managing Conservator and Possessory Conservator. Family Code § 153.007 is the Agreed Parenting Plan Statute and allows for both parties to agree on a standard possession order for the child. This statute was passed to promote amicability in settlement for child custody issues and to give flexibility to the parents if they are willing to agree on custody terms. The Agreed Parenting Plan must be in the Best Interest of the Child for the Court to approve. If the Court grants the Agreed Parenting Plan then the Managing or Possessory Conservator will have a remedy as a matter of law for any violation of the agreement committed by either party.

Finally, both Conservators may enter into a Mediated Settlement Agreement under Family Code § 153.0071. A Mediated Settlement Agreement is the only time in which the Court will NOT look at the Best Interest of the Child when granting the custody agreement.

The Mediated Settlement Agreement § 153.0071 must be:

  • In bold, underlined, and capital letters that the agreement is NOT REVOCABLE
  • Signed by Both Parties to the agreement
  • Signed by the lawyers (if represented) of each party

The Mediated Settlement Agreement is binding and not revocable so if the Conservators wish to go this route they must understand that what is in the agreement will be held as binding. This method can be used to modify or change a standard possession order and the Court will not look at the Best Interest of the Child regarding the agreement, unless there exists a credible threat of domestic violence.

These are the methods in which a unique possession order may be obtained to accommodate irregular schedules or working hours of both the conservators. Any possession order must be correctly drafted and all future contingencies must be accounted for. An experienced lawyer must be contacted to safeguard an individual’s custody rights of their children and to make sure that a fair custody arrangement is obtained.

DETAIL
Jul
20

Parental Alienation Hurts Your Children – Know the Symptoms

Are you now going through or commencing a “High Conflict” Divorce with children where one Alienating Parent is encouraging or programming the child to reject the other parent without legitimate cause or justification. An alienating parent makes a child choose sides to bolster the alienators own parental identity and to undermine the target parent through denigration and interference with the child’s other parent relationship.  

Parental Alienation is more common than thought in divorce situations and many alienation situations continue throughout the entire relationship with the target parent and the affected child.   

A report from Fidler and Bala (2010) reported increased incidences and judicial findings in parental alienation and estimated signs of parental alienation in 11-15% of divorces with children. Psychiatrist, Dr. William Bernet, Professor at Vanderbilt University and advocate of parental alienation (Sept. 2013) “Almost every mental health professional who works with children of divorced parents acknowledges the PA (parental alienation) affects thousands of families and causes enormous pain and hardship”

What are the warning signs of “Parental Alienation Syndrome”?  Beware when a child starts displaying accelerated signs of hatred and anger rejecting any relationship with the target parent. This is especially transparent when a normal relationship existed before the deviant behavior manifests.

Are you having these types of problems with your children?  What are the basic symptoms of Parental Alienation(PA)? There are many versions but in our law practice, these are the most visible:

    • Under the idea of just being honest, the alienating parent tells the child “the entire family situation” through their opinionated eyes causing the child to think less of the target parent.  Placing singular blame for who caused the breakup of the family?
    • Alienating Parent refuses to allow the target parent access to school records/activities, medical/doctor records/appointments, extracurricular activities, or anything that would be a shared part of the child/parent life together.
    • An Alienating Parent makes demands on the target parent that are contrary to court orders. Allows the child to make choices about parental visits with the target parent contra to existing court orders causing the child to resent the target parent when the changes request cannot or should not happen.
    • Alienated parent may schedule the child in too many activities to assure no time is left for the target parent to visit with the child. Both parents need to be flexible with visitation to respond to the child’s need to have a relationship with both parents.
    • A parent listens in on the child’s conversation with the target parent or does not allow the child to talk with the target parent at the designed call time.
    • Refuses to allow children to takes their possessions to the target parent residence.
  • Alienated parent blames the target parent for financial problems, having a boy/girlfriend, or causing changes in the family lifestyle. Forcing adult issues on a minor to gain advantage.
  • When the child shows constant anger towards the target parent that accelerates to the point where the child avoids being with the target parent. No justified or demonstrative reason is given or exists for the anger and the child will not discuss the issue.
  • The alienating parent will use the child to spy and gather information against the target parent. This can cause the child to demean and fear the target parent while scaring the child’s self-image.
  • Alienating parent asks the child about the other parent’s personal life causing the child extreme stress/tension. A child not alienated wants to loyal to both parents.
  • Alienating parents have secret codes, signals, and words that reinforce very destructive on-going alienation.

In today’s world Parental Alienation Syndrome (PAS) is now taken very serious in family law courts. Please review the symptoms of parental alienation and see if there are common elements in your relationship with your child to determine if parental alienation may be a factor.

If so, take action to help alleviate this this situation with your child.  Contact a medical professional who can help address this form of brainwashing.  The alienating parent always feels like they are helping the child, but in reality, by pushing the child into their way of thinking about the target parent, they are pushing the child into a life of low self- esteem, depression, lack of trust, and self- hate.  Many times the child will turn on the alienating parent when the real family picture comes out or as they grow and mature.

Nothing is ever gained by demeaning actions by one family member on all other members of the family unit. Many times it may also be necessary to contact a legal profession who is knowledgeable in Parental Alienation situations to legally intercede and help correct family issues before the child and parent regress to a non- existent relationship with each other.

Getting Even by using a child is never fair play.  The child has two parents and should be able to have a loving relationship with both.

By Nacol Law Firm | Parent Alienation
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Jul
20

Nacol Law Firm P.C. “Versus” Covid-19 Virus

These last three months have really taken its toll on Texas, the United States of America, and the World. Our main concern now is how it has affected our great State of Texas and our DFW Community where we live, work and where our families, friends and clients make their home. On March 7, we sent our employees home to work and our attorneys made the decision to stay working at our Dallas law office in case a current customer or emergency situation needed to be addressed when many other law firms, fully or partially, shut down for the Covid-19 Season.  Even with our Employees working from home, our phones were always answered by a smiling voice and a listening ear for emergency and client legal situations.  The last few months has been a serious legal complexity and changing environment for ourselves and many of our neighbors, friends, and clients.

The Courts then, in major part, closed and only people who could afford an attorney were able to address legal serious problems that were happening in their lives and businesses.  We have worked on blogs which helped people on finding help for domestic violence and answered calls from people all over the US concerning where to get help on a situation in their state after reading our blogs.  We listened to their painful cries for help and sent them to their State Bars of Law for referrals.  Not one call was dismissed, and we always tried to help, no matter where they lived.  

Now we are approaching Phase 2 of the ”Covid-19 Scare”?  Many businesses will again be closing and this time, many will not be able to have the funds or support to open their doors again.  What will our Law Firm do? Will we send our office family home to work again? Yes, we will!  But will we stop answering our phones or turn away our clients and emergency clients who are desperate for help because we are afraid? NO, WE WILL NOT! We are lawyers and now the People of Texas need our services more than ever.

The Nacol Law Firm P. C. is open for business and will be available to take Calls and Zoom appointments for people / businesses / corporations / nonprofits, who we can help at this time.  If there is a situation that we cannot help with, we will try to have information on other sources that may help the caller.  We are proud citizens of the United States of America and the Great State of Texas.  We are also proud Attorneys of The State Bar of Texas and we will not give up on people who need our help. 

Our services may be a little different than before. In our office, everyone must wear a mask and social distance themselves. Most of our conferences and hearings are by Telephone or Zoom unless it is a very serious emergency.  All Court hearings, mediations, depositions are now mainly by Telephone or Zoom, but we can get it done. 

Covid- 19 virus may seriously hurt our people and economy in Texas, but if we all work together to beat this “Demon”, we will be the “Winning Team”. 

Make Today Your Winning Day! Call Us! We can help!

Mark A. Nacol /Julian M. Nacol
Nacol Law Firm P. C.
(972) 690-3333
Walnut Glen Tower
8144 Walnut Hill Lane #1190
Dallas, Texas 75231

DETAIL

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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