15
Feb
2010

Texas and Federal Confidentiality Laws – Use Caution with Your Texas Divorce

There are many legal and proper ways to obtain proof of a spouse’s infidelity.  Take care to avoid tactics used to obtain private information that may violate federal and Texas confidentiality laws and a spouse’s right to privacy.  You may be tempted by others to obtain proof of a partner’s infidelity by various inappropriate and/or illegal methods.  Reading emails, recording telephone calls, installing spyware or geographical tracking devices or even setting up hidden cameras are just a few methods a spouse may be offered when entertaining the thought of catching a cheating spouse.  However, such actions may expose both parties and their attorney to civil liability and possible criminal penalties.  Under Texas law, it is a crime to install a geographical tracking device on a vehicle owned by another person.  When emotions are running high, it is imperative that you seek proper counsel as to the proper legal action to be taken when establishing facts.

Both federal and state wiretapping laws apply to divorcing spouses.  A spouse may sue the other spouse or their agents for invasion of privacy.  Federal law regulates electronic surveillance of conversations and access to emails, faxes and voicemail.  The law imposes civil and criminal sanctions for intentional interceptions of electronic communications.  However, accessing email after it has been transmitted, i.e. downloading a text from your telephone or email from the hard drive of a family computer, is not an offense under the Federal Act.  Texas has laws that also prohibit the interception of communications.  Under such laws, counsel may also be held liable if they disclose information received from the intercepted communications provided by their clients.

Federal and Texas laws both allow recording of telephone calls and other electronic communications with the consent of at least one party to the communication.  Under the one-party consent statutes, a spouse may record conversations in which he or she is participating.  This has been extended to include parental recording of a child’s conversations with a third party, including the other parent.  The parent can consent to the recording on behalf of the child so long as the parent has a good faith objective and a reasonable belief that it is in the best interest of the child, even if the child is unaware of the recording.

It is important that a spouse take great care in their means and methods of gathering information.  Information obtained by illegal means can expose one, even if he or she is a spouse, to civil liabilities and possible criminal prosecution.  Texas recognizes that every person has a certain right to privacy.  Such right is violated if a person intentionally intrudes upon the private affairs of another by offensive means.  Accessing stored email or secretly recording a spouse can be a violation of a spouse’s right to privacy.  If a suit is filed, the damaged spouse may recover monetary damages, including punitive damages.

For answers to your questions on gathering information for your Texas Divorce, contact Dallas fathers rights attorney Mark Nacol with the Nacol Law Firm, P.C.

19
Nov
2009

Fathers and Parent Alienation Syndrome

One in three children lose touch with a parent, usually the father, following a divorce.  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.  One in three children stated that they felt isolated and lonely during and following the divorce process.

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

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

There are two types of Parental Alienation Syndrome, medical and legal.  Medical 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 often takes on a form of withdrawing love and communication.  This extends to the children through the custodial parent.  It is a mechanism employed to stop the father from having contact with his children; and can be described by the mother holding the children “hostages,” afraid of the mother, and obeying her as a means of survival.  The child may also be instilled with false memories of the father, may be coached and/or brainwashed.  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 and are much easier to identify. 

It is important no matter how bad the alienation becomes that you strategize to create a line of contact with your children, the mother and anyone connected to them.  Having a plan is critical.  When a father loses contact with his children he goes from disbelief, to despair, anger, depression, confusion and a total sense of social injustice.  Having a plan means looking at the situation logically, rather than emotionally. 

1.  The first stage is to look for direct contact with the mother and children. Can you meet, write, or phone? 
2.  If you are not allowed contact, can a relative contact the mother or children on your behalf?
3.  Can you contact your children through church, school, clubs, sports activities, or daycare?
4.  Can you participate in your children’s activities?
5.  Do you have a non-suggestive witness that can go with you when you exercise your visitation rights?
6.  Is there a local grocery store where you can purchase something to have a receipt stating the date and time you were in the area?
7.  Will the police make a report stating that you attempted to exercise your visitation?
8.  Whenever possible take video and pictures.

In cases of Parental Alienation Syndrome it is important that you document everything.  Keep a diary or timeline.  Write important events down on a calendar.

If you are a victim of Parental Alienation Syndrome, contact an attorney. Discuss your options.  Formulate a plan to move forward.  Do not give up your parental rights as a father.

16
Nov
2009

Denial of Visitation

« Older Entries