Law Firm

Jun
10

Summer Visitation and Divorce? Your Sharing Attitude Will Be the Happy Force for your Children and Family!

We are approaching the end of the school year and the beginning of the long Summer Visitation!  You have probably received the letter/ email from your EX requesting the setup for the Summer Visitation with the children.

Usually this is not a happy time for the primary care giving parent, but from personal experience, you need a break and letting the children spend some extended time with the other parent will give them a chance to share time and experiences with this parent and make them happy. Remember your children love you and nothing will change that fact!

From practicing family law for a long time now, I believe there are elements in divorce that will never change:

  1. You cannot make someone love you and stay with you if they choose not to.
  2. The only person that you can be completely responsible for in behavior is YOURSELF!
  3. If you choose to have a bad attitude and try to hurt your EX by alienating your children, then not only are you not winning the divorce game, but you are causing serious damage to your Children. Even if you win, you are a loser. The Kids didn’t ask for this Divorce, they are often stuck because Mom and Dad couldn’t be happy together!

After considering these ideas and deciding no, your children were not the case of the divorce, try giving some effort to help make your children happy during Summer Visitation with their other parent and not worry about you.

Here are my “New Divorce No No Rules” that will make the Summer Visitation happier for the entire family including your EX:

  1. No talking bad about the other spouse! This is your battle, not the kids! The kids are still related to their other parent and love that parent.
  2. Make this Summer Visitation an adventure for the kids. Mommy and Daddy are not together anymore, but the children should feel that they are going to spend this special time with their other parent without you acting mad or hurt. Never let the kids know that you are unhappy about the Summer separation and may not love them if they are happy!  Let the kids look forward to a wonderful summer adventure with their dad or mom and don’t look back!
  3. Get with your ex-spouse and determine the Summer visitation schedule.  Share this schedule with the kids so they will know what is going on and what time will be shared with both parents. Meanness will not be tolerated, be nice!   
  4. Talk with the children on their ideas for the Summer Visitation. Maybe share these ideas with your EX. Remember: this is not about your feelings, it is about the love and needs of your family.

“The more you give in to the love of your family, the better you will feel in your heart.”

You, my friend,  will eventually get over this hurt of the Summer separation with the kids and maybe get a little rest yourself. Before you know it, the kids will be back, school will start and your family’s live will go on, but it is always the decisions you make to help your children cope with this family split that will determine your true character as a parent and a person.

Hoping you and your family will have a wonderful Summer and this blog has help to put a smile on your face!   —-Mark A. Nacol

By Nacol Law Firm | Possession of Children
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May
28

Fatherhood in America 2019 – Changing Trends!

Many Fathers are becoming more aware and knowledgeable about home, fatherhood and what this really means to the growth and mental wellness of their children.  Whether they live with their child and mom, are a single parent, or as a divorced parent, or co-parent, studies in the last 10 yrs have shown the importance of the involvement of the father in promoting the child’s well-being, especially regarding issues of diet/nutrition, exercise, play and parenting behaviors. Most fathers are present at their child’s birth, even though 40% of births are between unmarried couples.
( AAPpublications.org/news/2016/13/Fathers061316 ).

Today’s fathers are taking a very active role in caring for their children and helping around the house.  The share of stay-at- home dads has increased to 17% in 2016, up from 10% in 1989. 68% of fathers who stay at home to care for family are younger than 45. (Pew Report/2018/09/24/Stay-at-home-moms-and-dads). Younger fathers are leading the trend for more quality family time with their children. Sadly, 63% say they spend too little time with their kids, with only 36% says they spend the right amount of time with their children (www.pewsocialtrends.org/2017/10/18/methodology-12/).  Could this be because many of these younger fathers were raised in divorced or single parent families?  

Pew Research Center 6/13/2018 published a new survey on “7 Facts about American Dads” and this is very eye opening. Here are some of the more interesting items:

  • 57% of Fathers see parenting as central to their Identity and 54% report parenting is rewarding all the time.
  • Dads are more involved in child care averaging about eight (8) hours weekly on child care and 10 hours a week on household chores, which is about triple the time provided in 1965.
  • Work-Family balance challenge for Fathers: 52% of Fathers say it is difficult, but 48% of dads say they need the income for the family.
  • Who is the better Care Giver? Mom or Dad? 53% of Adults still say Mom, but 45% of Adults now say fathers and mothers do equally well.  
  • Most Americans (64%) say men and women have different approaches to parenting. 56% of Americans say the gender difference in parenting is a Good Thing.
  • Seven-in ten adults say it’s equally important for new babies to bond with both their father and mother.  49% of adults said employers put more pressure on Fathers to return to work quickly after the birth or adoption of a new child.

This is really a good time to be a Dad!  Public Opinions are changing about who is the better parent for the child’s growth, influence and advancement to healthy, positive adulthood. In the legal arena, States Legislatures and Courts are working on changing obsolete laws and statues favoring one parent over another and trying to work on having more even opportunities for both parents to equally raise their child.

If you are a father and having problems with having or enforcing your rights with your child, don’t give up. You are important to your child. Find a caring Attorney who can help.

Nacol Law Firm PC  

Dallas, Tx 75231

By Nacol Law Firm | Property and Asset Division
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May
27

Texas Fathers and Child Custody Cases – Time for Modifications or a Change?

The New Year is always a good time for personal changes and after another stressful Holiday Season with your kids and Ex, you have decided to make some serious changes in your child custody situation to stabilize the entire family. Mom is not helping and the children are seriously acting out.  What to do? What to do?

Maybe it is time to look at changing your child custody status with the children or at least modifying the current orders. Many changes have occurred in American Family Behavior and fathers are taking a more active role in their children’s lives.  The Pew Research Center has recently published some new research on today’s fathers with some important and surprising changes:

  • Fewer dads are the family’s sole breadwinner: dual income households are now the dominant arrangement (60%). Both mom and father must now be responsible for child raising and home chores.

  • Dad and mom roles are converging: fathers have taken on more housework and child care duties and moms have increased time spent at a paid job. There is definitely a more equal distribution of labor between mother and fathers in today’s world.

  • Fathers feel they spend more or as much time with their children as their fathers did when they were children

With the latest scientific research showing that a father’s involvement is essential to a child’s social, moral, and physical growth during the adolescent period, many state legislatures and family courts are now recognizing a father’s ability to care for his children as equal to the mother.  Courts are also looking at the more stable parent, who may have a better income and parenting plan in place for the child and is capable of providing a better home life and more quality time with the child.

Another reason for changing opinions regarding fathers’ rights child custody issues has been the high divorce rates and the affect it has had on the USA population life experiences.  Many adults have been raised in a divorced home with Mom as the main custodial parent. Now these adults are divorcing they want a different and better experience for their own children and their lives.

Things you want to consider as you prepare for your child custody battle are:

  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. Establish a detailed viable 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 (ren) 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 (ren).

  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, social networking sites, video tapes, texting, etc. that may help your case?

  12. Avoid unnecessary compromising photos, data on social networking sites, or texting!

Just Remember the five biggest mistakes men make in a custody suits are: 1) failing to respond to the legal action itself; 2) obtaining incorrect child custody legal advice (from friends and family rather than a legal expert); 3) signing a quick child custody settlement agreement while passions are high that is later deeply regretted; 4) failing to perform under the actual settlement agreement as signed; and 5) getting frustrated and/or acquiescing to unreasonable demands and orders.

Think smart when contemplating Child Custody Modifications, be prepared and get an experienced legal professional to help you accomplish your goals!

By Nacol Law Firm | Child Custody
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Interstate Jurisdiction – Enforcing Your Rights in Texas

In a Texas child custody agreement, interstate jurisdiction refers to the state which has the legal authority to enforce and modify a Texas child custody agreement. The state that has jurisdiction decides your Texas child custody case.

For help with a child custody case that crosses state lines, contact a qualified interstate jurisdiction attorney to make sure your rights are protected!

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Jun
11

Young Parent with a Young Family? Think Protection for your Family in Case of Death!

My family has just witnessed a tragic experience where a young childhood friend had a massive heart attack and died leaving a grieving wife and two small children. No will, but thankfully some life insurance was in place.  This young man was an athletic in perfect condition until his fatal heart attack and no warning or planning for what his wife and mother of the two children would be required to do to care for her young family.

It is very important to set up a survival plan for any young family should either Mom or Dad die at an age where the children are still home and in need of support until they finish school or reach maturity.

You and your spouse/partner should discuss a financial plan that would protect your family in case of early death or total disability by either yourself or your spouse. Pregnancy is a good time to put the plan into place.  

Here are some basic ideas to consider in a Family Financial Protection Plan:

  1. THE WILL: The will is the most important item in your Family Financial Protection Plan.  By creating a WILL, you MAY ENSURE THAT YOUR ASSETS ARE INHERITED BY THE PEOPLE OF YOUR CHOOSING (YOUR FAMILY) RATHER THAN THE STATE’S IDEA OF WHAT IS PROPER. TO DIE WITHOUT A WILL IS TO DIE “INTESTATE”. This means that the State (Texas) will determine the percentage of property that each family member will inherit after an individual die. The process of administering an estate through probate court can take months or longer once a judge appoints an executor to take over the deceased’s financial affairs. During this time the family may not have access to money left to them to pay the family bills from this estate. BIG PROBLEM!
    After having a will for both spouses/partners of the family executed make sure that an original copy is left with your attorney for safekeeping. Very Important! Have another original copy in a secure place where the executor or a family member will be able to retrieve it at the time of your death.
  2. POWER OF ATTORNEY AND PROXIES:  At the time of making out your will, make sure both parents have a Health Care Advance Directive and a Living Will prepared and executed. You need to designate a first and second choice of a person over 18 years of age to be your proxy.  Your Living Will is your intentions for end of life care, such as when to have your doctors withhold treatment and let you pass or if you would like to be an organ donor. It is very important that these documents are with your Will and accessible to your proxies, since many times, if there is a serious accident or medical emergency, you or your spouse will not be able to make serious medical decisions regarding your life or death.
  3. BENEFICIARIES: When you meet someone, marry, or join in a domestic union, it is important that as to any financial accounts you have (bank account, retirement fund, 401K, trust fund, stocks bonds), you should change the beneficiary to your spouse/partner. It is also a good idea to have a second beneficiary, either a child or family trust, in case you and your spouse/partner were both in an accident and die. If your children are young do not make your beneficiary a guardian who promises to take care of your children. Set up a family trust which will support your children and a trusted trustee for the trust.
  4. Guardianship: Another very important item in your will for parents of minor children under 18 years old is APPOINTING A GUARDIAN IN YOUR WILL FOR RAISING YOUR CHILDREN. There should be a mutual joint decision on who will take care of the children if both you and your spouse/partner are deceased. By setting up this preference in your will, the proceeding judge will usually honor your request when setting up a guardian for your children.
  5. INSURANCE: Life Insurance may be costly, but it ensures that if you or your spouse/partner dies young, the surviving spouse/partner will be able to have the physical means to allow a slowdown working a job to take care of your young family without financial worries. It is always suggested that you start an insurance policy on both parents when they are young and healthy to keep costs at a manageable amount.

Many companies also offer disability insurance to replace a percentage of salary if an employee becomes incapacitated. Long-Term- Care Insurance is also an option.

Finally make sure that all important financial and personal documents are always kept up to date and located in a secure place where they can be found in case of emergency or death! Some of the most important documents: bank and financial institution accounts, insurance information, credit cards, retirement account with beneficiary information, bills and list of bills on autopay monthly, deed of house, title to cars, boats or etc., and safety deposit key.  

*Always have an updated list of online accounts, passwords, and credentials to any cryptocurrency wallets.

Nacol Law Firm PC

By Nacol Law Firm | Wills and Trusts
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