dallas fathers

Nov
09

The Holidays and Visitation with your Children : Problem Times

The Holiday Season is usually an exciting time for both parents and children alike, but for families split by divorce or separation, the emotion issues from the result of the break-up on the affected family can cause the joy of the season to be overshadowed by much unhappiness and despair!

Unfortunately, most parents wait too long to confirm visitation planning for the upcoming holiday season and a very sad and unhappy family situation occurs.  Now is the time to contact Legal Counsel if you cannot work out or are otherwise being deprived of a holiday visitation by your Ex.

Children need to have structure in scheduling the Holiday Visitations to ensure that they will be able to see both parents and share the joy of the season with their entire family.  When this goes awry, the children are usually the ones who suffer.

The best gift of the holiday a child can experience is an early proactive arrangement of all holiday plans so everyone knows dates and times for visitation with both Mom and Dad.   This Holiday Season vow to keep your child out of the middle of any family conflict and start to develop new holiday traditions with your child and family.  Many parents have new relationships/marriages and other children in the family group. The new holiday traditions should include everyone and be a bonding experience for years to come.

Tips on Dealing with Holiday Visitation Issues

  • Make sure your children have positive holiday memories. Shield them from conflicts between warring ex-spouses.

  • Plan ahead now on scheduling the upcoming holiday visitations. Longer the wait, more stress involved!

  • If there is a deviation in holiday schedule this year, make sure it is in writing.  Make sure the document shows what times are being exchanged and both parents sign it for future confirmation.

  • Stay flexible and compromise: If you have to work, consider having the kids spend more time with the other parent so they have time with friends.  This is a time for new family traditions and changes from old habits.  Put aside your differences with your EX and make the children’s time happy with good memories.

  • If age appropriate, ask your children what is important to them during the holidays.  There may be a special place or event that is very important to them and try to accommodate this.

  • Sit back and enjoy the Holidays with your children.  This is a special time for wonderful bonding and beautiful memories. Do not undermine their holiday by hateful confrontations and fighting.

  • If a potential problem could arise on holiday visitation schedules, make sure you take action legally in plenty of time to consult a legal expert and get the conflict resolved before the holidays commence!

By Nacol Law Firm | Possession of Children
DETAIL
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 | Domestic Violence
DETAIL
Feb
22

Temporary Spousal Maintenance in Texas

In any Divorce case a father or husband should expect two attacks right out of the door. First, is paying for child support because most District Judges in Dallas, Tarrant, and Collin counties do not look favourably on 50/50 custody during temporary orders. Second, is paying temporary spousal maintenance to the wife.

Temporary spousal maintenance is essentially money that the Court forces a husband to pay his wife during the pendency of the divorce. Unfortunately, the District Judge has broad discretion in awarding the amount and duration of the temporary spousal maintenance. The temporary spousal maintenance is awarded based on considerations of both the degree to which the Spouse is destitute of means to pay for her necessities during the pendency of the suit and the ability of the Husband to pay.

Essentially, these considerations are determined by the Judge and if the Spouse has no job or means to support herself then, the Husband should expect a large percentage of his paycheck to go to the Spouse for the duration of the case. In many cases, if the Ex-Wife has the means to support herself, the Court will still award her spousal maintenance to some extent. The amount that the Court fixes as temporary spousal maintenance is likely permanent until the conclusion of the case and only appealable on mandamus. Usually, the appeal will cost more than paying the Spouse. Unfortunately, the Court uses temporary spousal maintenance to help settle cases by forcing the Husband to support both individuals of the party.

If you are seeking a divorce and have a job that provides well for your family, prepare to be attacked for child support and temporary spousal maintenance for the duration of the case. To mitigate the temporary spousal maintenance amount and seek 50/50 custody with your children, find an experienced attorney that can prepare you for the temporary orders. Temporary spousal maintenance is a tool the Court uses to equalize the estate and force a compromise. Divorce is a painful process and temporary spousal maintenance makes the process even more painful, but regrettably the burden primarily falls upon the Husband’s neck.

Julian Nacol
Nacol Law Firm PC

By Nacol Law Firm | Spousal Support
DETAIL
Mar
23

Paternity in Texas – Is a Biological Father a Legal Father ?

A baby born to unwed parents does not have a legal father under Texas Law.  In order to exercise your rights as a father, including visitation and possession, a man must be a child’s legal father.  A common misconception is that if your name is on the birth certificate you are a legal father.  If you are not married to the mother, simply putting your name on the birth certificate of your child is not enough to make you the “legal” father and you cannot enforce your rights to the child.

The process to become a legal father is a simple one. If the biological father and the mother agree, they can both sign an “Acknowledgement of Paternity” which is filed with the Bureau of Vital Statistics.  Once paternity has been established, your name will be placed on the birth certificate, and the Court may order you to pay child support and grant you visitation or possession rights with your child.

TEXAS FAMILY LAW §160.301.   ACKNOWLEDGEMENT OF PATERNITY

The mother of a child and a man claiming to be the biological father of the child may sign an acknowledgement of paternity with the intent to establish the man’s paternity.

TEXAS FAMILY LAW §160.302.   EXECUTION OF ACKNOWLEDGEMENT OF PATERNITY

An acknowledgement of paternity must:

  1. Be in a record;

  2. Be signed, or otherwise authenticated, under penalty of perjury by the mother and the man seeking to establish paternity;

  3. State that the child whose paternity is being acknowledged:

    1. Does not have a presumed father or has a presumed father whose full name is stated;

    2. Does not have another acknowledged or adjudicated father.

  4. State whether there has been genetic testing and, if so, that the acknowledging man’s claim of paternity is consistent with the results of the testing;

  5. State that the signatories understand that the acknowledgement is the equivalent of a judicial adjudication of the paternity of the child and that a challenge to the acknowledgement is permitted only under limited circumstances.

An acknowledgement of paternity is void if it:

  1. States that another man is a presumed father of the child, unless a denial of paternity signed or otherwise authenticated by the presumed father is filed with the bureau of vital statistics;

  2. States that another man is an acknowledged or adjudicated father of the child; or

  3. Falsely denies the existence of a presumed, acknowledged, or adjudicated father of the child.

  4. A presumed father may sign or otherwise authenticate an acknowledgement of paternity.
By Nacol Law Firm | Paternity
DETAIL
Nov
24

Love and Marriage ….and Divorce!

With the U.S. marriage rate at an all-time low, 51% of adults were married in 2011 (US Census Bureau), only 29% of all divorced adults say they would marry again with women definitely in the negative on remarriage.  Americans are also not in a hurry to marry.  The median age of first marriages is a record high of 29 for men and 27 for women (US Census Bureau).

So what about the 48% of adults currently married?  A new divorce report by the Slater and Gordon Law Firm in England who surveyed 1000 divorcees has reflected some very interesting findings:

  • The average person spends about 2 years thinking about getting a divorce before they file.

  • During this time the average person spent 18 months really trying to fix their marriage and working to try to save the marriage.

  • 53% discussed divorce with someone besides their partner before filing.

  • 36% spoke to an attorney before deciding to file a divorce

  • 76% tried to fix their marriage problems before deciding on a divorce

  • 53% said their split was amicable and 45% said they are still friends

  • 31% have no contact with their previous spouse at all!

     How would you fit into this survey?

The Nacol Law Firm PC has expressed 8 of the top causes of Divorce!

  1. Lack of communication: A successful relationship constantly keeps in touch! When there is a loss of open ended communication on all issues affecting the marriage, families may fall apart quickly. Share your feelings, tell your partner what is happening, and listen to your partner.

  2. Money and Finances: If there are constant money problems or major disagreements on financial issues, you may have a serious martial problem. A team effort at all times bodes for a better marriage.

  3. Alcohol and Drug Addiction:  Addiction is one of the most damaging and challenging problems spouses will ever face in a marriage. Because additive behavior touches everyone in a family most marriages are severely damaged years before a decision is reached to end the marriage.

  4. Domestic Violence/ Intimate Partner Violence: Family Violence is the willful intimidation, physical and/or sexual assault & battery or serious mental and verbal abuse perpetrated by one intimate partner against another. The frequency and severity of domestic violence varies dramatically and may include physical or sexual violence, threats, and emotional abuse. The violence is often accompanied by irrational and controlling behavior and is intended to result in total dominance and control over the other spouse /intimate partner or other family members.

  5. Trust and Infidelity Issues: Do you truly trust your spouse? Are their jealousy issues that occur with one spouse when other people are involved in your lives? A successful marriage is very difficult absent trust.  If you do not trust your spouse the marriage is vulnerable!

  6. Spouse cannot understand or fulfill your needs and desires: this includes personal and sexual needs and common courtesies to each other. We all have different needs and desires. If you or your partner won’t acknowledge each other’s needs and try to accommodate, the marriage is vulnerable!

  7. Inability to resolve conflict: Often couples have very serious trust issues with each other and cannot get past the needs of one vs the needs of the family.  Smart couples will seek out a 3rd party “referee” to help resolve these differences before the marriage is irretrievable.

  8. Children: Enough said! The married couple must decide on a united front in child rearing and discipline.  The child cannot be in charge or subject to multiple contradictory directives!

Deciding to divorce is a very sad and financially devastating family decision. If you and your spouse are still at the point to possibly change things for the better, explore all other opportunities! There was a reason for the initial attraction and your family will love you for it.  Otherwise, consult a qualified legal professional who can help guide you through this trying period.

 

By Nacol Law Firm | Filing for a Divorce
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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