attorney Mark Nacol

Jun
23

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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Jun
21

Parental Alienation Syndrome: Warring Parents + Child = Combustible Family Situation

It has now been more than 20 years since child psychiatrist, Richard A. Gardner, introduced the term of Parental Alienation Syndrome (PAS).  Dr. Gardner defined PAS as a disorder that arises in divorce or child custody disputes, when one parent deliberately damages, or destroys the previously healthy and loving relationship between the child and the child’s other parent. The main manifestation is the child’s own sudden or atypical campaign of denigration against the targeted parent without any justification.

Parental Alienation Syndrome is an evil, yet common and effective device for gaining custody of a child. Through systematic alienation, the alienating parent may slowly brainwash a child against the targeted parent. The alienating parent involved in these abusive behaviors usually gains misplaced and deleterious loyalty of the child.

The main problem with PAS is that the child actually participates in the denigrating of the alienated parent.

The main areas of denigration from the child are:

  • The child supports and tries to protect the alienating parent.
  • The child express the ideas of denigration of the target parent as his/her own idea.
  • The child gives weak and absurd reasons for his/her anger towards the alienated parent.
  • The child uses situations and scenarios that he/she could not have experienced
  • The child uses foul and often atypical language and server behavior to denigrate the targeted parent.
  • The child has no guilt over his/her cruelty towards the alienated parent and expresses hate for the parent.

Children who live in alienated family situations are usually unable to form healthy relationships with either parent.

Main areas of concern for these children impacted by Parental alienation are:

  1. Aggression and conduct disorder
  2. Disregard for social norms and authority, adjustment difficulties
  3. Emotional Distress, Anxiety, Depression, and Self Hate
  4. Lack of remorse or guilt
  5. Poor reality testing and unreasonable cognitive operations
  6. Low self- esteem or inflated self-esteem, Pseudo- maturity

Children displaying some or all of these symptoms need professional and legal help.  Parental Alienation Syndrome is sometimes recognized by the courts but is very difficult to define and most cases requires bringing in County Social Services, Child Protective Services, and /or other family therapy professionals.

Your child desperately needs your help, no matter how bad the situation is. IT IS NOT THE TIME TO GIVE UP YOUR PARENTAL RIGHTS! Contact an attorney and discuss your options on how to help your child and moving forward to solve this legal situation.

 

By Nacol Law Firm | Parent Alienation
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Jun
19

Summer Visitation Schedules for Texas Fathers

This question causes many divorced or single parents much stress concerning meaningful contact with their children. “What do I need to do to legally secure my specific summer visitation periods with my kids?”. Here is a general breakdown of Texas law on summer visitation:

Family code: 153.312: Notification of Summer Visitation: Parents who reside 100 miles or less apart.

A possessory conservator 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 30 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 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 30 consecutive days beginning at 6 p.m. on July 1 and ending at 6 p.m. on July 31;

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 any 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 (2), provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place;
and
If the managing conservator gives the possessory conservator written notice by April 15 of each year or gives the possessory conservator 14 days’ written notice on or after April 16 of each year, the managing conservator may designate one weekend 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, during which an otherwise scheduled weekend period of possession by the possessory conservator will not take place, provided that the weekend designated does 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.

Divorce, paternity or other orders setting out access/possession rights should specifically set out this information. Such orders are usually custom and specific on times and dates for summer and other holiday visitations.

In today’s world, a statutory preset structured visitation schedule does not always work in a blended family environment. Many fathers are now either sole managing conservator or co-managing conservators with the mother. The current standard visitation schedule is used more as a basic presumed schedule to which extended time may be added for cause good for more equal shared time with the children.

With an enlightened public awareness and presumption under law that children need quality time with both parents, many parents are looking for modifications to child visitation orders that agrees with their lifestyles to share their children equally and fairly.

DETAIL
Jun
16

Divorce’s Emotional Stages: Are You There Yet?

In 2014, The United States at 53%, had the 10th highest divorce rate in the world! According to the Forest Institute of Professional Psychology: 50% of first marriages, 67% of second marriages and 74% of third marriages end in Divorce in the United States.

Marriages do not break up overnight. There is not one incident or one party that ends a marriage. Your emotional break up usually extends over several years with the marriage parties continually at different stages in the emotional process.

Just remember,” no marriage is totally bad nor totally good!” Do not go fault finding!  Both partners stay in a marriage for a longer period of time because there are good things about it. Now the couple is divorcing because the “bad” things make the marriage not work anymore.

A new divorce survey by Slater and Gordon Law Firm (survey of 1000 divorced people) recently came out with some very interesting results:

  • The average person will spend about 2 years thinking about a divorce before they file.
  • During this time the average person spends 18 months really trying to fix their marriage and working to save it.
  • 76% try to fix their marriage problems before deciding on a divorce
  • 53% discuss divorce with someone besides their spouse before filing
  • 36% spoke with an attorney before deciding on a divorce

What are the emotional stages a couple will experience leading up to a divorce?

1. Disillusionment of one / two marriage partners ( not verbalized to other partner)

  • Continued, ongoing feelings of discontent, pent up resentments and breach of trust
  • Emotional feelings of anxiety, anger, denial, depression ,fear, grief, guilt ,and  love
  • Real problem but unacknowledged
  • Developing greater distance, lack of mutuality, and increase in arguments
  • Consideration of pros and cons of possible divorce and/or separation

2. Verbalized Dissatisfaction ( no legal action yet)

  • Feelings of anguish, doubt, emotional, grief, guilt, relief, and tension after expression of discontent is now in the open!
  • Marriage counseling and giving “one last try” for the marriage

3. Decision to Divorce ( no legal action yet)

  • Feelings of anger, anxiety of the future, guilt, resentment, and sadness
  • Other partner now in emotional stage one and both parties feeling victimized by each other.
  • Realizes this decision is usually not reversible

Divorce Decision Action (the legal process begins)

  • Feelings of anger, blame, shame, fear, and guilt
  • Emotional and physical separation
  • Going public with decision to family and friends
  • Dealing with the “Children Problem”. No way around this one.
  • Hiring an attorney and start the divorce process

4. Acceptance of Divorce / Single Life ( during the legal process or after)

  • Many life adjustments: emotional, mental, and physical
  • Realization that the marriage was not fulfilling or happy
  • Dealing with your children and helping them to understand they are loved and did not cause the end of the marriage
  • Work on developing the “new single you”, new identity and a plan for the future!

This emotional roller-coaster may take years to complete, but keep focused and you will get through it.  Surround yourself with competent legal professionals who will help you through this life changing event.

Just remember this: the divorce emotional stages are a normal occurrence when going through a divorce.  Outside of a death, divorce is one of the most life changing events in an individual’s life.  This list is very basic and you will probably add many other emotions on to the list You are not alone. It is a grieving process and you will recover.

By Nacol Law Firm | Filing for a Divorce
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Jun
02

Temporary Restraining Orders in Texas – What Does a TRO Do

A temporary restraining order, commonly known as a “TRO” is used in family law to place injunctions without a full hearing on one or both parties. These injunctions prohibit specific actions that could endanger or prove damaging to the property in a divorce or the children of a divorce. You should have an idea on what the process entails.

A TRO is governed by Texas Rules of Civil Procedure Rule 680 and Texas Family Code § 150.001. If your spouse wishes to file a TRO that immediately excludes you from possession of or access to your children, a notice of this hearing must be given to you prior to the court date. The only exception to this is an Ex-Parte meeting with the judge, which means that only your spouse or her attorney will be present at the preliminary hearing. The judge may order a TRO Ex-Parte only if the TRO clearly demonstrates from specific facts shown by affidavit or by a verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant or children before notice can be served and an actual hearing.

If you are on the receiving end of TRO and it prohibits you from access to your children, there are some things to keep in mind.

First: a TRO has a time limit, which is 14 days. After 14 days the TRO may be extended by a judge only once for an additional 14 days. Thus at most this TRO may only last 28 days’ absent agreement to an additional extension. A Judge does have the discretion to extend the TRO more than once if it is uncontested (you do nothing or do not appear).

Second: A TRO is NOT a Protective Order. This means that the police cannot kick you out of your house or forcibly arrest you for violating a TRO, absent any related criminal conduct. There are consequences for violating the TRO but not criminal consequence. You may be found in contempt of court by the Judge who ordered the TRO and forced to pay fines or be held to more severe sanctions. Violations will not be good for your case if you intentionally violate.

Third: A TRO must have a signed and notarized Affidavit or a verified pleading attached to the motion. If the opposing counsel did not follow these procedures the order may upon motion to dissolve be found void due to violation of the Texas Rules of Civil Procedure.

Fourth: You cannot practically appeal a TRO because it may only last for at most 28 days, if contested. Once you are served with the Ex-Parte TRO, you may request a motion to modify or dissolve the TRO after giving your spouse 48-hour notice and seek attorney fees if the filing was false or frivolous.

TRO’s are civil injunctions that are usually given without notice only if immediate and irreparable injury, loss, or damage will happen. The proof rules are more relaxed in Family Law Cases. Specific TRO procedures can differ in all counties and in different courts so make sure the check online the rules of each specific jurisdiction.

TRO’s only last 14 days and cannot be enforced by police officers, absent related criminal activity. Do not be distressed if you are served a TRO one day while you are battling your spouse for child custody or property. Take a deep breath call your attorney and set a hearing to modify, vacate or dissolve the TRO.

Many counties have standing orders that issue and are effective as to both parties upon the filing of a Family Law Proceeding. Read such mandatory orders before you file your case.

By Nacol Law Firm | Domestic Violence . Protective Orders
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