Fathers Rights Blogs

Sep
16

Fatherhood in America 2019 – Changing Trends!

Many Fathers are becoming more aware and knowledgeable about home, fatherhood and what this really means to the growth and mental wellness of their children.  Whether they live with their child and mom, are a single parent, or as a divorced parent, or co-parent, studies in the last 10 yrs have shown the importance of the involvement of the father in promoting the child’s well-being, especially regarding issues of diet/nutrition, exercise, play and parenting behaviors. Most fathers are present at their child’s birth, even though 40% of births are between unmarried couples.
( AAPpublications.org/news/2016/13/Fathers061316 ).

Today’s fathers are taking a very active role in caring for their children and helping around the house.  The share of stay-at- home dads has increased to 17% in 2016, up from 10% in 1989. 68% of fathers who stay at home to care for family are younger than 45. (Pew Report/2018/09/24/Stay-at-home-moms-and-dads). Younger fathers are leading the trend for more quality family time with their children. Sadly, 63% say they spend too little time with their kids, with only 36% says they spend the right amount of time with their children (www.pewsocialtrends.org/2017/10/18/methodology-12/).  Could this be because many of these younger fathers were raised in divorced or single parent families?  

Pew Research Center 6/13/2018 published a new survey on “7 Facts about American Dads” and this is very eye opening. Here are some of the more interesting items:

  • 57% of Fathers see parenting as central to their Identity and 54% report parenting is rewarding all the time.
  • Dads are more involved in child care averaging about eight (8) hours weekly on child care and 10 hours a week on household chores, which is about triple the time provided in 1965.
  • Work-Family balance challenge for Fathers: 52% of Fathers say it is difficult, but 48% of dads say they need the income for the family.
  • Who is the better Care Giver? Mom or Dad? 53% of Adults still say Mom, but 45% of Adults now say fathers and mothers do equally well.  
  • Most Americans (64%) say men and women have different approaches to parenting. 56% of Americans say the gender difference in parenting is a Good Thing.
  • Seven-in ten adults say it’s equally important for new babies to bond with both their father and mother.  49% of adults said employers put more pressure on Fathers to return to work quickly after the birth or adoption of a new child.

This is really a good time to be a Dad!  Public Opinions are changing about who is the better parent for the child’s growth, influence and advancement to healthy, positive adulthood. In the legal arena, States Legislatures and Courts are working on changing obsolete laws and statues favoring one parent over another and trying to work on having more even opportunities for both parents to equally raise their child.

If you are a father and having problems with having or enforcing your rights with your child, don’t give up. You are important to your child. Find a caring Attorney who can help.

Nacol Law Firm PC  

Dallas, Tx 75231

By Nacol Law Firm | Property and Asset Division
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Sep
15

What Happens in a Texas Divorce ?

Divorce can be frustrating, confusing, and resentful. Divorce is never a pleasant experience even in the most amicable terms. It is important to know what you are in for when a divorce is filed. An original petition will be filed, and your spouse must be served with a process server.

After service of the original petition, the Petitioner may file for a Temporary Restraining Order (“TRO”) to protect the child and marital estate. Once a TRO is granted by the District Judge, a temporary order hearing will be set within 14 days. This temporary order hearing is extremely important and will determine the direction of the case.

Temporary Order hearings are usually condensed to 20 minutes a side depending on the complexities of the case. Within this 20 minutes, you will have to put on evidence for your entire case regarding custody of the children, management of the marital estate, and any other considerations such as receivership of a business.

After the temporary orders hearing, the case will dive into full throttle litigation. Discovery on both sides is usually conducted including interrogatories, admissions, and production of documentations. The documents that are usually requested consists of bank statements, retirement pensions, social media pages, text messages, and emails. Each case requires specific Discovery requests that are narrowly tailored to the facts presented. Discovery can last months and usually follow with motions to compel and sanctions. In highly contested cases the rigors of discovery and compiling documentation can be brutal.

During the Discovery phase, Depositions may be warranted. Depositions consists of your attorney questioning your spouse and any other witnesses that are relevant to the case for impeachment purposes. Depositions are necessary if the case will go to a jury, because impeachment of your spouse is a necessity to prove your truthfulness.

Mediation is, more often than not, mandatory in Courts, but this is the general rule. Certain Courts in the Dallas, Fort Worth, and Collin county do not require mandatory mediation. Each Court has its own rules of procedure and requirements. If the Mediation fails to produce a settlement between you and your spouse, then the only thing left is trial.

Depending on the complexities of the case and assets, a trial can last half a day or be a three-day trial. Most trials are before the District Judge. Certain facts may give rise to a jury trial but a jury trial is more costly and can take up more time. After the trial is complete the parties will have to wait for a ruling. This can take days to months depending on the case and jurisdiction.

When the final ruling is given to all parties, the Judge will charge one party to create a final order that will be submitted to the Court. This can give rise to more litigation depending on the interpretation of the Judge’s rulings by both parties. Finally, when both parties agree to a final order or the Judge determines which version of the final order is proper, then the case will be over.

Divorce can be a painful process that lasts 6 months to three years depending on the circumstances and the nature of the parties involved. If you are about to file for a Divorce in the DFW metroplex call Nacol Law Firm so that you have an experienced family law attorney to represent your interests throughout the process.

Julian Nacol
Dallas Fathers Rights Divorce Attorney
Nacol Law Firm PC

DETAIL
Aug
18

Texas Divorce and the Special Needs Child

Divorces with children are painful and emotional under the best of circumstances, but a divorce with a “Special Needs Child” is usually a very complex and mentally stressful situation for all family members involved.  

The main goal in a “Special Needs” divorce is that all decisions affecting a child with disabilities must be in the “Best Interest of the Child.”

What is the “Best Interest of the “Special Needs Child”? Often this is the very reason that the parents are divorcing.  The parents cannot agree on the existence of a disability or the best approach needed for care and support for their special needs child.  Many times a medical/neutral professional will need to be involved to help the parents transition the new “after” divorce life of the child and parents.

When working with parents of a “Special Needs Child”, our attorneys focus on the most critical issues impacting the child and the family unit.

Some of these important issues are:

  • Keeping the relationships between the family members agreeable in making the necessary decisions concerning visitation and transitions between both parents’ homes. You child needs contact with both parents unless there is an abuse or addiction issue or the other parent’s home is an unsafe environment for the “Special Needs” Child.  
  • Agreed upon health and medical care issues including special therapies to address the child’s needs. Let the child know that both parents are in agreement on the care for the child.
  • Special social and recreational opportunities and appropriate educational programs are available for the child and her/his disability and should be agreed upon by both parents, if possible.
  • Coordinate structured and regular visitation dates with same place drop off points. Give your child a calendar with visitation dates and let her/him be prepared to visit the other parent.
  • Helping the parent to find a support group of family, friends, counselors and neighbors to help your family with your “Special Needs” Child. This help may come in many forms, mental and physical support, financial planning or just a good hug to say “you are ok”.  

What is very important in a “Special Needs” Divorce is to realize what is “normal” in most divorces may not be the norm here.  There are many important situations that will have to be resolved before the divorce can be finalized.  The divorced parents of the “Special Needs” Child will continue to have to work together for what is best for their child.

Other serious considerations to settle:

  • The transitions after a divorce on living arrangements and visitations for the child. It will be difficult to use a standard visitation schedule and a special parenting plan will have to be agreed upon to meet all of the child’s needs.
  • The divorce decree will have to be custom designed to make sure the needs of the child will be met for the child’s entire life. The final divorce decree may have to be modified for the child’s benefit.
  • Be knowledgeable of the financial aspect of your “Special Needs” Child. What type of care will be needed on a daily basis and will one parent have to give up all monetary benefits from employment outside of the home to take care of the child.
  • List all expenses of raising this child: medical costs, food for special nutritional diets, special medical equipment needed for use of child, special schooling and transportation needs.  This is very important to make sure the needs of the child will be met.
  • Spousal Maintenance/Alimony: this amount must be worked out to ensure the caregiving parent will be able to afford all need of the child and their household.  Many times this parent will not be able to work out of the home because of the constant care for the child.  This will usually continue for the entire life of the child, so the divorce decree will have to reflect this continued support and cost of living changes.

When choosing a qualified lawyer for your “Special Needs” Divorce, it is important that the lawyer is familiar with what is involved with this type of divorce and understands the importance of tailoring a custom decree that will fit the best interest of the child and family situation for the duration of the child’s existence. It won’t be easy, but if the parents will work together, it can be achievable!  

DETAIL
Aug
12

Have You Been Hacked by Your Ex? Know Your Rights in Texas!

As technology continues to change our lives at a rapid pace, it’s easy to forget that so much of our most valuable and private information now hides in our computers, in our email accounts, phones, text messages iPads, and other devices. When you love someone, it may seem only natural and convenient to share your various passwords and account information or to leave your devices unprotected. However, when relationships become conflicted breakups, these security lapses can result in humiliating disasters with far-reaching consequences. As lawmakers try to keep up to help protect our information, it is more important than ever before to be aware of what is legal, what isn’t legal, and what steps you need to take in order to protect yourself from someone accessing your information for malicious purposes.

What are my online privacy rights?

Putting it bluntly, when you’re in a marriage or live-in relationship, you don’t have many. Texas did recently pass a bill (CSHB 896) to help define what a cyber-crime actually is, but it mostly doesn’t apply in this arena. Specifically, the law says a person commits an offense if they knowingly access a computer, network or system “with the intent to defraud or harm another or alter, damage, or delete property.” Although this language sounds reassuring, it is important to note that spouses are often given extraordinary leeway by courts with regards to what many would consider a reasonable invasion of privacy. In many instance, your spouse may still access anything in your computer, emails, or phone, and potentially even use that as evidence in any court proceedings. There are many examples of spouses aggressively attempting to do exactly that and successfully leveraging whatever they find to obtain custody, favorable settlements, or other advantages.

So what can I do?

If you are going through a divorce or break up,

  1. Immediately tell your spouse/ex that they DO NOT have permission to access any of your accounts, and document the message. You do have a right to privacy. If your spouse (Ex) continues to try to access your information, then they are potentially committing a criminal offense, and at the very least, any information they discover after written notice may not be admissible in court.
  2. CHANGE ALL OF YOUR PASSWORDS, and do it right away. Most of the popular online email services (Yahoo, Gmail, etc.) actually track your internet usage and display that information to anyone with your password who knows where to look. What about iCloud / Apple? If your spouse has your password, they can actually log in to iMessage from anywhere, see all of your past texts and read any texts that you receive in real time. Depending on your device settings, they may even be able to track your actual location. Change your passwords, and…
  3. If you can, enable two-step verification on all accounts which offer it. This extra step will guarantee that nobody can access your account without your knowledge and permission.

In short, there is still a lot of gray area as our legal system struggles to keep up with technology. The smartest thing you can do is make sure you protect your accounts, stay away from your spouse’s, and exercise caution in anything you do online or on your phone.

DETAIL
Aug
11

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
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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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