attorney Mark Nacol

Jun
14

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
DETAIL
Jun
13

A Fathers Rights – Child Custody for Texas Fathers

Courts, legislatures and juries are becoming more aware of the necessity of father’s being involved in the lives of their children.  Children with positive father involvement have fewer behavior problems, higher levels of sociability, and perform better in school.

Recent research suggests that father involvement during pregnancy affects multiple areas of child and family well- being, from prenatal care initiation and mother and child health outcomes, to the likelihood that the father will provide ongoing financial and emotional support.  This body of research is gaining momentum.  Local and regional governmental agencies are focusing more and more on parental father involvement in the lives of children.

As a result of the changes taking place in society today, the Courts are now recognizing a father’s ability to care for his children as becoming equal to that of the mother.   Starting out on an equal plane, the Court may look to which parent is more stable, has a superior income, has a parenting plan in place for the child and is capable of providing proper child care and spending more quality time with the child.

If a father ignorantly gives up rights to his children based on prejudices of the past in the Court system he can feed a mother’s confidence and sponsor unnecessary ongoing litigation.  The number one mistake made by father’s in the court system today is a failure to take the time to learn how the system works.  Failing to learn how the family law system works may doom your case.  Once you have learned the ins and outs of the family law system you will need to form a plan, set goals and never relent in enforcing your rights as a father.

Five of the biggest mistakes men make in a legal action are: 1) failing to respond to the legal action itself;  2) obtaining incorrect legal advice (from friends and family rather than a legal expert);  3) signing a settlement agreement they are not in agreement with and later deeply regretting it;  4) failing to perform under the actual settlement agreement signed; and  5) getting frustrated and/or acquiescing to unreasonable orders.

Some of the things you may want to consider as you prepare for the custody battle are as follows:

  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. Form a 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 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.
  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, video tapes, etc. that may help your case?
  12. Avoid unnecessary compromising photos or data on Facebook or other social networking sites.

List any other relevant issues you feel may be important to your case before you meet with an attorney.

The most important thing to remember is that your failure, if based on dated concepts and inapplicable worn out prejudices, will be her victory and your parental failure.

By Nacol Law Firm | Child Custody
DETAIL
Jun
07

Parental Alienation And False & Malicious Domestic Violence Allegations

Parental Alienation Syndrome (PAS) is a generally recognized platform that may result in child abuse. This occurs when a custodial parent of a child from a separated family uses deception to deliberately alienate children from their non custodial parent.

Misplaced Domestic Violence Restraining and Protective Orders are an excellent tool to advance the Alienating Parent’s malice! Misguided Protective Orders of a Court based on such false representations may remove the Accused Abuser Parent from the home, bar the Accused Abuser from seeing his/her children and give the Alienating Parent total physical custody of the children. The Accused Abuser Parent is now effectively “Guilty Until Proven Innocent”.

Once the Alienator obtains a Restraining Order through false domestic violence allegations, the Accused Abuser Parent may find it difficult to defend himself or herself against the false allegations.  This sends the implied message to the children that “Daddy/Mommy” is bad or dangerous, stamped by the court.

The Accused Abuser Parent may only see his/her children in a cold and uninviting supervised visitation setting. Supervised Visitation Centers are facilities where a child is taken to meet with the Accused Abuser Parent in a third party monitored location.  A third party observes the Accused Abuser Parent during their visit with their children so that the child is “protected” at all times.

Often the supervised visit is demeaning for the visiting parent in the eyes of his/her child.  The impression to the child that “Daddy or Mommy” is dangerous comes across loud and clear since most children only see lock up situations on TV and these people are seriously viewed as being bad.

Many Alienating Parents use this scary situation to encourage their child not to see the Accused Abuser Parent at all. The more time a child is out of contact with the Alienated Parent the deeper the scaring and recovery period for that child.

Dr. Richard A. Gardner coined the term “Parental Alienation Syndrome” (PAS) in 1985. Dr. Gardner found that a child subjected to continual negativity and manipulation by the Custodial Parent over an extended period of time against the other parent would eventually adapt the distorted view presented. At the end of the day, what the Alienating Parent fails to understand is that his/her selfishness makes his/her child the “victim” who pays a hefty price in lost self esteem.

Unfortunately, False Domestic Violence Allegations have become more common in Divorce / Child Custody Proceedings. Most Judges usually enter a restraining or protective order for the safety of the child and in too many cases an Accused Abuser Parent is guilty until proven innocent!

By Nacol Law Firm | Parent Alienation
DETAIL
Jun
06

Children – The Innocent Bystanders of Divorce

Divorce, in many cases, has a life-altering impact on a child’s development and well-being.  Given that one out of every two marriages ends in divorce, thousands of children are impacted each year. Divorce places enormous stress on a child trying to adjust to new feelings and rapidly changing situations in their lives. The resulting instability often leads to resentment towards the child’s parents and a difficulty acclimating to all the abrupt and immediate changes in a child’s life.

Children perceive divorce as a very traumatic event and are very concerned about their security. Many children internalize the dissolution and blame themselves for the breakup. They are scared that both parents may leave them.

Some very disturbing research on children and divorce has just been released by the Census Bureau Study, “The Marital Events of Americans: 2009”.

*1.5% of US children live in the home of a parent who divorced in the last year. The average age of the child is 9.8 yrs. old and the male/female ration is 1:1.

*64% of the children were White, non- Hispanic children, with the largest percentage living in the South (41%).

*Children living with a divorced parent are likely to be in a household below the poverty level (28%) and more likely to be living in a rented home (53%).

*Most children live in a mother headed households (73%). Because mothers have lower earning potential in the labor force, the family often lives below the poverty level.

*These children of divorce are often living with their parents’ unmarried partner (13%).  Only 5% of the children are living in a household with a married couple.

Children of divorce often suffer from anxiety, depression and reduced self-esteem issues.  Robert Hughes, associate professor in the Dept. of Human Development and Family Science, Ohio State University, found that children from divorce are more aggressive and more likely to get in to trouble with school authorities or police during adolescence. Also children from divorce are more vulnerable to becoming a victim of violence or become a perpetrator of violent acts on themselves and or others.

If you are considering divorce, carefully consider the impact on your children. To help children through this difficult time, parents must realize and accept that they are responsible for this situation and that their children often suffer as a result of the parent’s decision.

Parents should be very sensitive to the child’s emotional needs to ensure the best possible adjustment of his or her mental, physical, spiritual well-being towards a healthy, responsible adult.  Remember! Your child is the “Innocent Bystander.”

Seek professional help if you child is struggling with the changes in his or her life. Your attorney knows a resource that may be available to address your child’s pressing needs.

By Nacol Law Firm | Impact on Children
DETAIL
May
09

What about a Texas Father’s Summer Visitation? The Standard Child Possession Order – Texas Family Code

When parents are battling over divorce issues and child custody, they often times do not understand that the Texas Family Code has expanded the standard child possession order to make joint managing conservators with more equal rights and duties and possession of the child. It is important to keep in mind that, under certain circumstances, and depending on the age of a child, a judge may alter the standard possession order in any way that serves the best interest of the child.

The following is an example of a standard possession order for a parent who lives within 100 miles of their child under the Texas Family Code.

IT IS ORDERED that the conservators shall have possession of the child at times mutually agreed to in advance by the parties, and, in the absence of mutual agreement, it is ORDERED that the conservators shall have possession of the child under the specified terms set out in this Standard Possession Order.

PARENTS WHO RESIDE UNDER 100 MILES APART:

Except as otherwise explicitly provided in this Standard Possession Order, when Possessory Conservator resides 100 miles or less from the primary residence of the child, Possessory Conservator shall have the right to possession of the child as follows:

3. Weekends—

Weekends that do not occur during the regular school term, beginning at 6:00 p.m. on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday.

2. Extended Summer Possession by Possessory Conservator—

With Written Notice by April 1—If Possessory Conservator gives Managing Conservator written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, Possessory Conservator shall have possession of the child for thirty days beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, as specified in the written notice, provided that the period or periods of extended summer possession do not interfere with Father’s Day Weekend. These periods of possession shall begin and end at 6:00 p.m.

Without Written Notice by April 1—If Possessory Conservator does not give Managing Conservator written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, Possessory Conservator shall have possession of the child for thirty consecutive days in that year beginning at 6:00 p.m. on July 1 and ending at 6:00 p.m. on July 31.

Notwithstanding the Thursday periods of possession during the regular school term and the weekend periods of possession ORDERED for Possessory Conservator, it is explicitly ORDERED that Managing Conservator shall have a superior right of possession of the child as follows:

2. Summer Weekend Possession by Managing Conservator—If Managing Conservator gives Possessory Conservator written notice by April 15 of a year, Managing Conservator shall have possession of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m. on the following Sunday during any one period of the extended summer possession by Possessory Conservator in that year, provided that Managing Conservator picks up the child from Possessory Conservator and returns the child to that same place and that the weekend so designated does not interfere with Father’s Day Weekend.

3. Extended Summer Possession by Managing Conservator—If Managing Conservator gives Possessory Conservator written notice by April 15 of a year or gives Possessory Conservator fourteen days’ written notice on or after April 16 of a year, Managing Conservator may designate one weekend beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by Possessory Conservator shall not take place in that year, provided that the weekend so designated does not interfere with Possessory Conservator’s period or periods of extended summer possession or with Father’s Day Weekend.

PARENTS WHO RESIDE OVER 100 MILES APART:

If the possessory conservator resides more than 100 miles from the residence of the child, the possessory conservator shall have the right to possession of the child as follows:

1. Summer Possession:

(A) Gives the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 42 days beginning not earlier than the day after the child’s school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each with each period of possession beginning and ending at 6 p.m. on each applicable day; or

(B) Does not give the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 42 consecutive days beginning at 6 p.m. on June 15 and ending at 6 p.m. on July 27;

2. If the managing conservator gives the possessory conservator written notice by April 15 of each year the managing conservator shall have possession of the child on one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of possession by the possessory conservator under Subdivision (3), provided that if a period of possession by the possessory conservator exceeds 30 days, the managing conservatory may have possession of the child under the terms of this subdivision on two nonconsecutive weekends during that time period, and further provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and

3. If the managing conservatory give the possessory conservator written notice by April 15 of each year, the managing conservator may designate 21 days beginning not earlier than the day after the child’s school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each with each period of possession beginning and ending at 6 p.m. on each applicable day, during which the possessory conservator may not have possession of the child, provided that the period or periods so designated do not interfere with the possessory conservator’s period or periods of extended summer possession or with Father’s Day if the possessory conservator is the father of the child.

Holidays Unaffected by Distance

Notwithstanding the weekend and Thursday periods of possession of Possessory Conservator, Managing Conservator and Possessory Conservator shall have the right to possession of the child as follows:

Father’s Day Weekend—Father shall have the right to possession of the child each year, beginning at 6:00 p.m. on the Friday preceding Father’s Day and ending at 6:00 p.m. on Father’s Day, provided that if Father is not otherwise entitled under this Standard Possession Order to present possession of the child, he shall pick up the child from the other conservator’s residence and return the child to that same place.

General Terms and Conditions
Except as otherwise explicitly provided in this Standard Possession Order, the terms and conditions of possession of the child that apply regardless of the distance between the residence of a parent and the child are as follows:

1. Surrender of Child by Managing Conservator—Managing Conservator is ORDERED to surrender the child to Possessory Conservator at the beginning of each period of Possessory Conservator’s possession at the residence of Managing Conservator.

If a period of possession by Possessory Conservator begins at the time the child’s school is regularly dismissed, Managing Conservator is ORDERED to surrender the child to Possessory Conservator at the beginning of each such period of possession at the school in which the child is enrolled. If the child is not in school, Possessory Conservator shall pick up the child at the residence of Managing Conservator at 6:00 p.m., and Managing Conservator is ORDERED to surrender the child to Possessory Conservator at the residence of Managing Conservator at 6:00 p.m. under these circumstances.

2. Surrender of Child by Possessory Conservator—Possessory Conservator is ORDERED to surrender the child to Managing Conservator at the residence of Managing Conservator at the end of each period of possession.

3. Return of Child by Possessory Conservator—Possessory Conservator is ORDERED to return the child to the residence of Managing Conservator at the end of each period of possession. However, it is ORDERED that, if Managing Conservator and Possessory Conservator live in the same county at the time of rendition of this order, Possessory Conservator’s county of residence remains the same after rendition of this order, and Managing Conservator’s county of residence changes, effective on the date of the change of residence by Managing Conservator, Possessory Conservator shall surrender the child to Managing Conservator at the residence of Possessory Conservator at the end of each period of possession.

If a period of possession by Possessory Conservator ends at the time the child’s school resumes, Possessory Conservator is ORDERED to surrender the child to Managing Conservator at the end of each such period of possession at the school in which the child is enrolled or, if the child is not in school, at the residence of Managing Conservator at [address].

4. Surrender of Child by Possessory Conservator—Possessory Conservator is ORDERED to surrender the child to Managing Conservator, if the child is in Possessory Conservator’s possession or subject to Possessory Conservator’s control, at the beginning of each period of Managing Conservator’s exclusive periods of possession, at the place designated in this Standard Possession Order.

5. Return of Child by Managing Conservator—Managing Conservator is ORDERED to return the child to Possessory Conservator, if Possessory Conservator is entitled to possession of the child, at the end of each of Managing Conservator’s exclusive periods of possession, at the place designated in this Standard Possession Order.

6. Personal Effects—each conservator is ORDERED to return with the child the personal effects that the child brought at the beginning of the period of possession.

7. Designation of Competent Adult—each conservator may designate any competent adult to pick up and return the child, as applicable. IT IS ORDERED that a conservator or a designated competent adult be present when the child is picked up or returned.

8. Inability to Exercise Possession—each conservator is ORDERED to give notice to the person in possession of the child on each occasion that the conservator will be unable to exercise that conservator’s right of possession for any specified period.

9. Written Notice—written notice shall be deemed to have been timely made if received or postmarked before or at the time that notice is due.

10. Notice to School and Managing Conservator—If Possessory Conservator’s time of possession of the child ends at the time school resumes and for any reason the child is not or will not be returned to school, Possessory Conservator shall immediately notify the school and Managing Conservator that the child will not be or has not been returned to school.

Again, a Judge may under varied circumstances change any provision of a Standard Possession Order.

By Nacol Law Firm | Possession of Children
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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