Child Custody

Feb
22

Hey Fathers! Beware of Assault and Family Violence

In modern times the District Attorney’s office in Dallas, Collin, and Tarrant County have a zero-tolerance policy on domestic violence towards women. Unfortunately, domestic violence occurs much to frequently in our society. Though helpful in certain situations, this Zero-Tolerance policy has the potential to be abused to gain leverage in a Child Custody proceeding.

A mere allegation, is usually sufficient for the District Attorney to file charges against a man, regardless of the proof. If there is an allegation of abuse reported to the dispatcher and a police officer is sent to a home, then one of the spouses will be heading to jail. If the spouse is a father, this can be detrimental in two ways. First, the arrest for Domestic Violence will open the father up to liability when pursing his rights during a custody battle. Second, a false allegation, tactically placed, may open up a second front on a father, forcing him to defend against the District Attorney’s office for a Class A Misdemeanor.

When a father is accused for domestic violence, he will have to explain this false allegation to the District Judge and furthermore if the Zero-Policy dictates that the District Attorney pursues the allegation, then the father will have to defend himself from the State.

The mere allegation of domestic violence has severe repercussions for fathers’ that are currently fighting a custody battle for their children. The best way to deter such behaviour is to:

  1. Be vigilant at all times and never visit your Ex-Spouse/girlfriend one on one;
  2. Never enter a situation to which your Ex-Spouse/girlfriend may claim domestic abuse;
  3. When picking up your child always have a third-party with you (mother, father, or friend) throughout the duration of the custody case;
  4. Use “family wizard” when communicating with your Ex-Spouse/girlfriend;
  5. If your Ex-Spouse/girlfriend threatens to make a false allegation write down the date, time, and location;

It is not healthy to be paranoid of your Ex-Spouse/girlfriend if the relationship is not high risk for domestic violence allegations. You should always attempt to co-parent and amicably resolve disputes with your Ex-Spouse/girlfriend for the betterment of the children. Having said that, there are situations and circumstances in which false allegations may be used to leverage one side during a custody suit. If a false allegation is filed with the District Attorney and you are a father do not expect to receive any sympathy from the District Attorney’s Office.

 

Julian Nacol
Father’s Rights Attorney
Nacol Law Firm PC

By Nacol Law Firm P.C. | Domestic Violence
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Financial Basics in Surviving Your Divorce

So you have now decided to divorce. You know it will be painful & scary, but you believe the time is right to have a single life.  Financial vulnerability and risks are inevitable.

Every year, approximately three million men and women head down the emotional and financial path of divorce.  Following a divorce the cost is usually 25-50% more to maintain your pre-divorce lifestyle. A single household becomes twice as expensive as each spouse losses the benefit of the other spouses income. Economic discrimination due to gender gaps place additional financial burdens on women.   A woman’s standard of living may drop 27% while a man’s standard of living may increase 10%!

Now start with the financial basics in surviving your divorce! What are the basics?

  • A secure place to live

  • Create little or no debt

  • Protect retirement assets or income

  • Use of liquid money or assets

The most important of these basics is Liquid money! You will need money to find a place to live and hire an attorney.  You will also need money to pay your expenses during your divorce. Liquidity will definitely come in handy and enhance your position in the proceedings.

What about Debts? If possible pay off your debts now. The uses of savings or assets you can liquidate are the cleanest methods. Many divorced people find themselves responsible for their EX’s portion of debt since the exiting spouse refuses to pay. Legally, you may be responsible if your ex-spouse does not pay. Try to start your new life free of debt and with a new sense of self confidence!

What about Cash Issues and Retirement Assets in a Divorce? If you and your spouse have retirement savings, each of you will probably be entitled to a one-half share or a portion based on a fixed ration of the number of years married and number of years of investing.   This money could be kept for retirement or used to repay other current expenses or debts.  Make sure you examine prospective tax treatment to avoid the 10% penalty on early withdrawal by the IRS.

Some tax questions to know about:

  • Are spousal maintenance payments tax deductible?

  • Who will be able to claim Head of Household status?

  • Who gets the tax exemption for the kids?

  • Is child support non-deductible?

  • Which Attorney fees are tax deductible?

Always remember to “Look at the big picture”.  Keep your focus on finances and parenting.  If you need help from smart professions, as your attorney, accountant, or mental-health professional, get it now! They will help you and your family with focus, objectivity and a long-term vision that is very difficult for you during this tumultuous time in your life. Now you need to be able to articulate you needs and goals for the future.

Do not forget! This time too shall pass and you may be, with planning, better than ever in the future!

By Nacol Law Firm P.C. | Divorce Checklist . Property and Asset Division
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Fathers Divorcing in Texas

As family relationships grow and develop, conflicts can arise. Family law provides guidelines and offers legal alternatives to remedy the issues family members often face.

At The Nacol Law Firm PC, Mark A. Nacol addresses the concerns of clients throughout Texas in a wide scope of family law matters that include:

  • Divorce
  • Modifications and post-divorce modifications
  • Child custody and child support
  • Visitation and residence restrictions
  • Interstate jurisdiction
  • Alimony and spousal support
  • Paternity and voluntary legitimating
  • Property division
  • Adoption
  • Prenuptial and marital and domestic relating agreements
  • Post-marital agreements
  • Enforcement of court orders
  • Same-sex unions or same-sex marital conflicts and dissolution options
  • Grandparent custody and visitation rights
By Nacol Law Firm P.C. | Filing for a Divorce . Videos on Fathers Rights
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Dallas Fathers Rights Attorneys

Are you needing a Dallas fathers rights attorney? Attorneys Mark Nacol and Julian Nacol, with the Nacol Law Firm P.C., provide legal counsel and representation to help you protect your rights as a father.

Are you a father or husband involved with pending divorce, paternity, modifications, property and asset division, child custody, child support or visitation issues? Perhaps you have issues involving parental alienation, false allegations of abuse or false paternity claims.

It is important for you to know your legal rights as a father!

Call our Dallas fathers rights attorneys,  Mark Nacol and Julian Nacol,  for a consultation today.

The Nacol Law Firm PC
8144 Walnut Hill Lane
Suite 1190
Dallas, Texas 75231
Metro: 972-690-3333
Toll Free: 866-352-5240

By Nacol Law Firm P.C. | About Dallas Attorney for Fathers Rights
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Supervised Visitation in Texas – Part 1

Former spouses often use informal visitation arrangements as an opportunity to assault, harass, stalk, and emotional abuse their children and former partners.  In addition, some parents will use their children as a means to hurt the other parent by denying access to the child(ren) even though such access has been ordered by the court, i.e. failing to be at home during scheduled visitation periods, failing to bring the child(ren) to a scheduled location for the other parent to exercise their court ordered visitation, faking illness, etc.

Supervised visitation takes place between the non-custodial parent and his or her child(ren) in the presence of a third party who observes the visit to ensure the child’s physical and emotional safety.  Though sometimes reasonably and successfully ordered, visits voluntarily supervised by friends and family in their homes can be fraught with danger for the child and parent, as well as the monitor, especially in cases of domestic violence.  Family members may trust the parent whose visits are being supervised and therefore may not take proper or sufficient measures to assure the child(ren) are watched or monitored at all times during the visit. 

Consequently, when supervision is indicated, possession/visitation supervised by a neutral third party with the capacity to enforce effective safety measures is normally ordered and enforced by the courts.  The expenses of such supervision are often excessive and may in themselves create a detriment to possession by a parent.  Such agencies may also provide reports and recommendations to the court based on the success or failure of the supervised visits.  Such recommendations assist the courts in making informed decisions regarding supervision and whether continued supervision in the best interest of the child(ren).

If supervised visitation is requested, some type of compelling reason and evidence, based on the circumstances surrounding the child(ren) must normally be established.  Such evidence may include denial of access, drug addiction, mental or physical abuse, neglect, or severe mental illness of a parent.  The following is a potential list of acts and/or circumstances that may be considered contrary to a child’s best interest.

• Violence or physical endangerment – A noncustodial parent may be denied visitation rights if the parent has abused the child or threatened physical violence.
• Emotional harm – Where sufficient proof is offered of potential emotional harm or that standard visitation has detrimentally affected a child’s welfare, supervised visitation may be ordered.
• Child’s wishes – A court may consider the child’s wishes as to visitation.  The weight given to a child’s preference is dependent on the child’s age, emotional stability, maturity and motives.
• Abduction – There must be a showing that there is a strong imminent probability of abduction to limit visitation on this basis.
• Substance abuse – A parent who abuses drugs or alcohol may be ordered to supervised visitation restrictions if the conduct endangers the child or if the parent uses abusive language and/or mistreats the child.
• Mental illness –Mental incapacity may be a reason for supervised visitation only if it is determined by the court that there is a reasonable potential for harm to the child due to such mental illness.
• Sexual behavior – Courts rarely deny visitation solely on the basis of a non-marital heterosexual relationship.  Courts will, however, cancel overnight visitation by a child with a parent because of the parent’s cohabitation on a showing of an adverse and material negative impact on the child.
• Incarceration – Visitations due to incarceration may be suspended only on a showing that such visits are detrimental to the child.

To have more of your questions answered on supervised visitation in Texas, or for answers to any other Texas child custody concerns you may have, call  Dallas Divorce attorney Mark Nacol of the Nacol Law Firm P.C.

By Nacol Law Firm P.C. | Possession of Children
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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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