fathers rights attorney

Aug
10

Concerns About Special Needs Children in a Texas Divorce

Parents of a special needs child face many challenges while raising and nurturing their child.  Many marriages falter and end in divorce due to the stressful demands required of parents with a special needs child. The stressors and emotional pressure that exists prior to the initiation of a divorce frequently accelerates during the divorce process. A special needs child is seriously affected by their parental decisions made during a divorce.

A divorce does not bring out the best in any couple. In the case of a special needs child, thoughtful and prudent care of the child should always be the main objective of both parents so the child knows that he/she is loved by both parents and is not at risk.  A special needs child will experience serious emotional and behavioral problems during this time becoming more vulnerable and not knowing what is happening in life.  The child is often afraid that he/she is losing Mom and Dad due to false and misplaced self-imposed guilt.

Many parents have already struggled with questions surrounding their child’s special needs such as correct diagnoses or the validly of treatments for their child’s conditions.  During serious custody battles, such concerns become the focus of intense parental conflicts.

Some of the more serious concerns are:

  • A child’s reactions to overly permissive or excessively rigid parenting

  • Use and dosage of prescribed medicines for a diagnosed problem

  • Proper diagnosis being made by a competent professional

  • Whether a professional label and diagnosis will be noted in school records

  • Whether a child be placed in special education classes for leaning or emotional disabilities. Whether one parent is so occupied with the special need child that the parent has lost perspective on how to best manage the child

Often one parent accepts a child’s diagnosis given by the specialist and actively advocates for the child, while the other parent may remain in denial of the child’s obvious needs. Which parent is actually and consistently working in the child’s best interests?

Special efforts are needed when setting up possession schedules for your special needs child. Both parents must understand the nature of the child’s physical/emotional problems and the level that the child can function.  When the child spends time in each parent’s home, both parents must reasonably work together and agree on a parenting approach that addresses the child’s needs.

When parents cannot agree upon the child’s actual needs and course of care, the court may appoint a specialist to conduct a complete evaluation of the child.  From this evaluation the specialist will offer specific opinions to the parents and court regarding the nature of the child’s special needs and specifically address these needs.

In a divorce involving a special needs child many joint decisions are critical to and impact a child’s self-esteem.  Other family issues and problems may need to temporally be put aside between the parents to assure a special needs child will fully receive the attention needed.  We suggest that in the divorce decree a parenting plan be included setting out specific provisions for the care of the child.

Some suggested items to include in this Plan would be:

  • Can the child be cared for in the home or an outside facility and how would these costs be covered?

  • Medical, educational, and therapeutic interventions and decision making authority

  • Treatments not covered by insurance. Who is responsible as to the authority and cost?

  • Working with the child’s school to implement plans for the educational needs of the child.

  • Care decisions on parents’ ability to work outside the home with a special needs child

  • Handling of Lifetime care and support and the cost necessary for the special needs child

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Domestic Violence Against Men: The New Intimate Partner Epidemic ?

When you think of domestic violence or Intimate Partner Violence between couples what usually comes to mind? A woman being hurt or abused? This is the majority of public thought in the United States, yet the latest studies on domestic violence are showing a new and very alarming trend: notable rising rates on Intimate Partner Violence against Men.   

In 2010, the Centers for Disease Control and Prevention (CDC) released a National Intimate Partner and Sexual Violence Survey. This was a serious eye opener on violence and men.  In the United State for the previous 12 months, app. 5,365,000 men had been victims of intimate Partner physical violence compared with 4,741,000 women. This physical violence includes slapping, pushing, & shoving.  Also tracked were more serious threats of being beaten, burned, choked, kicked, slammed with a heavy object or hit with a fist. Roughly 40% of the victims of severe physical violence were men. Again in 2011 the CDC repeated the survey and the results were almost identical!

Domestic violence (intimate partner violence) against men include emotional, sexual, verbal, physical abuse or threats of abuse. It happens in heterosexual and same-sex relationships. Have you ever felt scared of your partner and changed your behavior since you were afraid of what your partner might do? If so, you may be in an abusive relationship.

Are you being abused? What are the warning signs? What kind of abuse are you experiencing?

Emotional & Verbal Abuse:

  • Calls you names, belittles you, or puts you down regularly
  • Is jealous and possessive and accuses you without just cause of being unfaithful
  • Tries to isolate you from family and friends
  • Tries to totally control your life: how you spend your money, what you wear and where you may be going
  • Constantly makes unreasonable demands for your attention.
  • Blames you for her violent behavior and says you deserve it
  • Gets very angry or violent when drinking alcohol or using drugs

Physical Abuse:

  • Biting, burning, or choking you
  • Hitting, punching, or slapping
  • Pushing, shoving, or throwing things at you
  • Knifing or burning you
  • Forcibly holding you down
  • Hurting you, your children or your pets

Sexual Abuse

  • Forcing you to have sex or engage in sexual acts against your will
  • Hurting you during sex
  • Forcing you to have unsafe sex

Threats and Intimidation:

  • Threatens to hurt / kill you
  • Threatens to kill themselves or the children
  • Stalks you
  • Reads all your emails, texts, or mail
  • Destroys things that belong to you

Being a man in an abusive relationship,  it may seem hard finding the help that you need. It has been estimated that about 20% of men who call the police to report an abusive spouse /partner are themselves arrested for domestic violence.

You do not have to stay in an abusive relationship. You need to start by discussing your situation with either someone you trust or a health professional who can give you guidance. Gather evidence on what is happening, photographs of any injury or bruises experienced during a confrontation, threatening emails or texts that can be used in a court of law, make a list of people who have experienced confrontations between you and your intimate partner.

Stay away from any type of violence with your partner since she may try to put you into a damaging situation with the police to make you look like the abuser or try to entrap you.

You can overcome these challenges and escape from the abusive intimate partner.  If you have a family or are concerned for your well-being, contact a legal professional who can help you break from this situation and also work to get your children out of harm’s way.  Just remember, if you are not available for her domestic violence, a predator will look for someone else to take your place and children are easy targets!

By Nacol Law Firm | Domestic Violence
DETAIL
Aug
08

A Fathers Rights – Child Custody for Texas Fathers

Courts, legislatures and juries are becoming more aware of the necessity of father’s being involved in the lives of their children.  Children with positive father involvement have fewer behavior problems, higher levels of sociability, and perform better in school.

Recent research suggests that father involvement during pregnancy affects multiple areas of child and family well- being, from prenatal care initiation and mother and child health outcomes, to the likelihood that the father will provide ongoing financial and emotional support.  This body of research is gaining momentum.  Local and regional governmental agencies are focusing more and more on parental father involvement in the lives of children.

As a result of the changes taking place in society today, the Courts are now recognizing a father’s ability to care for his children as becoming equal to that of the mother.   Starting out on an equal plane, the Court may look to which parent is more stable, has a superior income, has a parenting plan in place for the child and is capable of providing proper child care and spending more quality time with the child.

If a father ignorantly gives up rights to his children based on prejudices of the past in the Court system he can feed a mother’s confidence and sponsor unnecessary ongoing litigation.  The number one mistake made by father’s in the court system today is a failure to take the time to learn how the system works.  Failing to learn how the family law system works may doom your case.  Once you have learned the ins and outs of the family law system you will need to form a plan, set goals and never relent in enforcing your rights as a father.

Five of the biggest mistakes men make in a legal action are: 1) failing to respond to the legal action itself;  2) obtaining incorrect legal advice (from friends and family rather than a legal expert);  3) signing a settlement agreement they are not in agreement with and later deeply regretting it;  4) failing to perform under the actual settlement agreement signed; and  5) getting frustrated and/or acquiescing to unreasonable orders.

Some of the things you may want to consider as you prepare for the custody battle are as follows:

  1. Who has the financial ability to best care for the child(ren)?  Be sure to have income tax verification, W-2 Forms and other financial information available.
  2. Form a parenting plan (child care, after school care, transportation, pediatrician, etc.).
  3. Who is more stable and/or can provide the best home for the child(ren)?
  4. Where has the child(ren) been attending school?  Is it possible to keep the child in the same school district?
  5. Prepare a chronology of events leading up to the divorce including treatment of the child(ren), time spent with the child(ren), activities with the child(ren), the child(ren)’s schedule.
  6. Consider if a home study should be prepared regarding each home of the child.
  7. Consider whether a psychological evaluation should be done on the mother?
  8. Is drug testing necessary?  (Be sure to request hair follicle drug testing.)
  9. Is there an alcohol or other addiction problem in the home?
  10. Who can provide the best moral upbringing for the children?
  11. Is there evidence such as pictures, video tapes, etc. that may help your case?
  12. Avoid unnecessary compromising photos or data on Facebook or other social networking sites.

List any other relevant issues you feel may be important to your case before you meet with an attorney.

The most important thing to remember is that your failure, if based on dated concepts and inapplicable worn out prejudices, will be her victory and your parental failure.

By Nacol Law Firm | Child Custody
DETAIL
Aug
07

Getting a Divorce? Should I Move Out of the Marital Home?

This is a complicated question to answer depending upon the facts of each case.  If you have experienced domestic violence you need to immediately do whatever is necessary to secure you and your child’s safety.  Many times a victim will go to court for a protective order and ask the judge to move the abusive or violent spouse out.  In this situation contact an experienced family law attorney now!

In most cases, absent of violence or risk of abuse, we would not suggest that a spouse move out of the marital residence.

Why is this?  One reason is once you have vacated the residence it may be very difficult to get back in! You have no legal obligation to leave the residence if your name is on the lease or mortgage personally and exclusivity.

Our suggestion to a client might be, to remain in the residence since the person who vacates may still have financial obligations and expenses of the family residence, while paying all expenses on a new residence for themselves. Double expenses are not a desirable result during the divorce process.

The higher wage earning spouse who moves out of the marital home must expect to continue to pay most of the household expenses, including the insurance and mortgage!  What about the personal property and furnishings in the residence?

If an agreement has not been made between the divorcing couple, the moving spouse will generally only be able to leave with personal belongings (clothing & jewelry) until a court rules fairly as to temporary possession.

Secure a court order ASAP to equalize property and household expenses.

 

By Nacol Law Firm | Property and Asset Division
DETAIL
Aug
07

How Fathers Can Improve Their Chances of Getting Child Custody in Texas

Times have changed! Mothers’ having primary custody of the children is not always the accepted social presumption as in the past. Courts, legislatures and juries are becoming more aware of the vital necessity of father’s being involved in the lives of their children. Children with positive father involvement have fewer behavior problems, higher levels of sociability, and perform better in school.

Recent research suggests that father involvement is essential to a child’s social, moral, and physical growth during the adolescent period. A father’s involvement during pregnancy affects multiple areas of child development and family well- being, from prenatal care, to the likelihood that the father will provide ongoing financial and emotional support. This body of research is gaining momentum. Local and regional governmental agencies are focusing more and more on parental father involvement in the lives of children.

As a result of the continuing evolution of fathers’ rights, Courts are now recognizing a father’s ability to care for his children as an equal to that of the mother. Starting out on an equal plane, the Court may look to which parent is more stable, has a superior income, has a parenting plan in place for the child and is capable of providing proper child care and spending more quality time with the child.

As a father, how can you increase your chances of getting child custody in Texas? You must be a good father and spend time with your children by involving yourself in their daily lives. You need to be responsible and reliable to the needs of your kids. Know and participate in all aspects of their lives. This includes school activities, doctor’s appointments, extracurricular events and getting to know and bonding with their friends.

Reflect on your own personal experiences as a child growing up and think about what was really important to you and your parent’s interaction during that period.

If a father voluntarily gives up rights to his children based on prejudices of the past in the Court system, he will feed a mother’s confidence and sponsor unnecessary ongoing litigation. The number one mistake made by fathers in the court system today is a failure to take the time to learn how the system works. Failing to learn how the family law system works may doom your case. Once you have learned the ins and outs of the family law system you will need to form a viable plan, set goals and never relent in enforcing your rights as a father.

Five of the biggest mistakes men make in a legal action are: 1) failing to respond to the legal action itself; 2) obtaining incorrect legal advice (from friends and family rather than a legal expert); 3) signing a settlement agreement that is not in agreement with and later deeply regretting it; 4) failing to perform under the actual settlement agreement signed; and 5) getting frustrated and/or acquiescing to unreasonable demands and orders.

Some of the things you may want to consider as you prepare for the custody battle are as follows:

  1. Who has the financial ability to best care for the child(ren)? Be sure to have income tax verification, W-2 Forms and other financial information available.
  2. Form a parenting plan (child care, after school care, transportation, pediatrician, etc.).
  3. Who is more stable and/or can provide the best home for the child (ren)?
  4. Where has the child (ren) been attending school? Is it possible to keep the child in the same school district?
  5. Prepare a chronology of events leading up to the divorce including treatment of the child(ren), time spent with the child(ren), activities with the child(ren), the child(ren)’s schedule.
  6. Consider if a home study should be prepared regarding each home of the child.
  7. Consider whether a psychological evaluation should be done on the mother?
  8. Is drug testing necessary? (Be sure to request hair follicle drug testing.)
  9. Is there an alcohol or other addiction problem in the home?
  10. Who can provide the best moral upbringing for the children?
  11. Is there evidence such as pictures, video tapes, etc. that may help your case?
  12. Avoid unnecessary compromising photos or data on Facebook or other social networking sites.

List any other relevant issues you feel may be important to your child custody case before you meet with an attorney about your rights as a father.

By Nacol Law Firm | Child Custody
DETAIL
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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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