fathers rights attorney

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

Texas Divorce and My Children : What Are My Fathers Rights?

It is 2019 and many fathers are facing a regrettable and inevitable DIVORCE! Either through Mom’s decision or Dad’s, it may be the end of a joint family life that includes both parents in one residence. No one is ever happy, but by doing some research and trying to make reasonable decisions, fathers will persevere and hopefully you will be able to maintain your loving relationship with your children and family.

Some things to remember:

    • Your children love you and just because you are no longer living with their mom, doesn’t change your love. You keep your opinions to yourself and not share all your adult thoughts with your children. YOU LOVE THEM AND ALWAYS WILL! NOTHING HAS CHANGED IN YOUR INTEREST OR LOVE FOR YOUR Children. Mom is no longer in your home and love with the children. She has her own relationship with the family now. 
    • You do have definite rights to your children. When the decision has been made to file for divorce, employ an experienced attorney to help guide you through this process.  Negative statements, even when true, ARE NOT HELPFUL! Uninformed opinions from your soon to be ex, concerning your rights with the children, are suspect, since you now are on opposing sides. A very knowledgeable Fathers Rights Attorney is up to date on all current issues in Fathers Rights domestic litigation and the courts, and this is who you should listen to for guidance. 
    • As the divorce proceeds and behaviors by the divorcing couple become hostile and estranged, just remember that self-control and acting rationally, without anger, will help in eliminating future ammunition to be used against you in the divorce and custody case. Self-control in your behavior and attitude will help you keep an upper hand in the Divorce proceeding and help the outcome. 
  • Finally, you are not the victim! Don’t lay down dead and let Mom run over you! There is life after the death of a marriage and you will learn that not only may your life be better, but your life with your children will be enhanced! The children will have watched you act like an adult and parent who loves them and wants the best for them, but also wants a good life with them in the after-divorce life.

Now the Divorce process has begun. Either you or your wife have “Lawyered Up” and the Legal Process has begun! Some very good advice to consider following at the beginning of a Divorce:

  1. Get your financial documents in order: Review our blog “Prepare for Your Divorceto start getting ready in the financial part of the divorce. Subject to the outstanding standing order of the court, be sure to protect all joint bank accounts and open new ones for your individual use. Also, if indicated and necessary, delete spouse from all your credit and charge cards.
  2. Depending on the age, meet with your children and discuss what is happening to your family. Make sure they know that your relationship with them will never change and you will always be their father and show this by loving actions and affections. Confirm that you are divorcing their Mother, not them. 
  3. Stay on your best behavior during this stressful time. Watch your consumption of alcohol intake and try to stay in good company. You need to show that you are not the aggressor. Never let Mom provoke you into a stressful situation where you may engage in a public spectacle with any form of emotional, physical or sexual abuse against Mom or others. The Judge or jury would not be impressed! 
  4. If you have not hired an attorney, now is the time to “lawyer up”. You need to find a competent attorney who has a good reputation dealing with fathers and their rights to their children. Look on legal websites and blogs to see if an attorney relates to your legal needs. Check on fathers’ rights blogs and see if an attorney has answered questions about a similar family situation as yours and has suggested good solutions to help resolve the issues.  Give this attorney a call and set up a consultation to see if he/she would be a fit for your legal need. 
  5. If life and divorce pressures are making you depressed, search out for help with supportive family or friends, clergy or professional counselors. Studies have concluded that Divorce is one of the most stressful events in an individual’s life. Get the support you need to be able to make wise decisions and to promote honest interaction with others during this most stressful time.

Like death, Divorce is one of life’s worst events. Know that this difficult time will someday be over, but also along this path there will be unknown surprises and events, that will test your honesty and dignity as a father and a parent. But in the end, you will make it and still be the father that you need to be to your children.

Stay Calm. This too shall pass….
Mark Nacol
Nacol Law Firm P.C.
Dallas Fathers Rights Attorney

By Nacol Law Firm | Prepare for Your Divorce
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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.

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Jun
18

What Happens to Your Will After a Divorce in Texas

A divorce can be grueling is transformed by law, probate, and insurance decisions made prior to divorce. It is important to know exactly what will happen to your will and life insurance if this misfortune happens to befall your family. The family unit is important and if it is fractured the question of what happens to “my will”, “my life insurance”, or “my trust” is a relevant and important one that needs to be answered.

If you are divorced from your spouse then your previous will may be in many aspects considered revoked automatically. Under the Texas Estate Code § 123.001 after a valid divorce, all provisions in a will, including all fiduciary appointments, shall be read as if the former spouse and each relative of the former spouse who is not a relative of the testator failed to survive the testator, unless the will expressly provides otherwise. The translation of this states: if you receive a valid divorce then your will is in many respects revoked and your spouse and stepchildren will receive nothing from the previous will. The one exception is if the will explicitly states that in case of divorce the previous spouse or children will still inherit. This revocation applies to fiduciary appointments as well. For instance if you have a trust and your spouse is the trustee, then she will be revoked from the trust in its entirety.

If you divorce your spouse, then your spouse’s beneficiary status pertaining to your life insurance will be automatically revoked. Texas Family Code § 9.301 states an automatic revocation upon divorce and lists three exceptions:

  1. If the divorce decree names the former spouse as a beneficiary
  2. The individual adds the divorced spouse as a beneficiary to the policy after the divorce
  3. The former spouse receives the life insurance as a “guardian” of the children

These are the exceptions for life insurance. If you decide to divorce your spouse unless further action is taken, the spouse will not benefit from your death regarding the life insurance.

Finally, the inheritance of a divorced spouse in reference to a trust depends on whether the trust is revocable or irrevocable. If you have set up a Revocable Trust then after the divorce your prior spouse will automatically lose his/her beneficiary status within the trust. On the other hand, if you set up an Irrevocable Trust then regardless of a divorce the prior spouse will still inherit and be considered a valid beneficiary. A divorce will have no effect on an Irrevocable Trust. If you decide to create an irrevocable trust, be sure to understand that your spouse will inherit the assets in the trust even after a divorce.

In a Texas divorce, the law protects you from unchecked gifts to your prior spouse and stepchildren with regard to your will, life-insurance, and revocable trusts. The prior spouse will not take from these unless one of the few exceptions apply. Divorces are riddled with complexities and it is prudent to seek advice from an experienced Texas divorce attorney during these proceedings to ensure that the divorced spouse is removed completely from your will and does not reserve an argument to acquire your assets post-divorce .

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