Mark Nacol

Social Networking’s Impact on Lawsuits: Some Do’s and Don’ts!

Every day the impact of social networking is growing and affecting the everyday American in all aspects of their lives. The Pew Research Center, http://pewinternet.org/Reports/2013/social-networking-sites.aspx , has just come out with a new study, in which a record 72% of online adults are social networking users! Young adults are the predominate users, but since 2009, the 65+ users have jumped from 31% to 43%!

Another new study by Pew Research, http://pewinternet.org/Reports/2013/social-networking-sites.aspx , finds that most internet users would rather be anonymous online, but cannot! 86% of internet users have taken steps online to remove or mask their digital footprints and 55% of internet users have tried to avoid observation by specific organizations, people and the government! Also a sustainable amount of internet users say they have experienced stolen personal information or others have been taken advantage of from their online visibility.

Some very interesting statistics from Pew Research on “Anonymity, Privacy and Security Online”:

  • 21% of internet users have had an email or social networking site efforts compromised by someone without permission.
  • 12% have been stalked or harassed online
  • 11% have had important personal information stolen, social security, credit card numbers, or bank account information.
  • 6% have been victims of online scams or lost money
  • 6% have had their reputation damaged because of online information
  • 4% have been led into physical danger from online occurrences

What about a potential lawsuit? Are you worried about how your or the opposing party’s social networking could affect the results of a case? You should be very prudent and attentive! The best advice would be to remove yourself from all social networks or take down sites temporary until the completion of the legal case! Do Not Delete! Since that is impractical in many cases here are possible suggestions to consider in your social networking when involved in litigation:

  1. Anything you do or say online could and probably will be used against you!
  2. Make sure that your lawyer knows about your social networking habits and if there are any past conversations or photos that could be used against you.
  3. Have you ever shared a computer with your soon to be ex-spouse or potential ex-partner? Make sure you check the hard drive for relevant information concerning your lawsuit or proof that spyware wasn’t installed on the computer. Also change your email address and password for privacy.
  4. What about your children and their posting on social networking site. Your children are probably a lot smarter than you on texting, emailing or posting online and make sure you check what is being said online and on their cell phones!
  5. Check for posting from co-workers, friends, relatives and enemies as to what they are saying on your site about you or your situation to the world. You may be able to pick up some good information, or learn who is a friend and who you can trust!
  6. Never discuss financial situations or problems online. Got a new car? Taking a trip? The world doesn’t need to know!
  7. Photos or Videos should be a No! No! Until after your lawsuit is over! Delete nothing to avoid penalties assessed by the court!

Think smart, be smart! Social Networking and a Lawsuit is a very combustible situation that usually turns out to your disadvantage. Just say no!

By Nacol Law Firm P.C. | Social Networking
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New Texas Law SB 555 Protective Orders For Pets or Companion Animals : Effective Sept. 1, 2013

Many victims of domestic violence often refuse to leave an unsafe environment since many times they must leave their pet behind. These victims many times leave in such a hurry that their pets are unable to join them. The perpetrator of the domestic violence will threaten or harm the pet as a means to intimidate and gain leverage over their victims.

Texas SB 555 amends Family Law Section 85.021, to authorize a court in a protective order, to take certain actions, including prohibiting a party from removing a pet, companion animal, or assistance animal from the possession of the actual or constructive care of a person named in the order.

Texas SB 555 also amends Section 25.07 (Violation of Certain Court Orders or Conditions of Bond in a Family Violence Case) of the Penal Code to expand the definition of “possession” to mean actual or constructive care of an animal. Finally, SB 555 now amends the current law relating to provisions in protective orders regarding pets and other companion animals and provides a penalty for any offense committed by a person if that person harms a pet!

By Nacol Law Firm P.C. | UPDATE! New Texas Laws
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Texas’ Law for Mistaken Paternity: Texas SB785

We hear a lot about dead-beat dads, or parents who do not pay their child support obligations. Now it is time for “fathers” or men who have been paying child support for children who are not their biological children to assert their rights.

Texas passed a new Paternity law, Texas SB785, effective May 13, 2011, which permits men who have been ordered to pay child support, without genetic testing, to request genetic testing in order to determine whether they are the genetic parent of the child.

After September 1, 2012, a man must file a petition to determine genetic parentage no later than the first anniversary of the date on which he becomes aware of facts indicating that he is not the child’s genetic father.

In order to file for relief under this law, the man must have signed an acknowledgement of paternity or failed to contest paternity in the previous proceeding because of a mistaken belief that he was the child’s father based on misrepresentations that led him to that conclusion.

If the man knew he was not the father at the time he signed the acknowledgement of paternity or the previous court order, the new law does not apply.

If the genetic testing concludes that the man is not the child’s genetic father, the court shall render an order terminating the parent-child relationship and terminating the man’s obligation for future child support.

This order, however, does not affect the man’s obligations for child support or child support arrearages accrued before the date of the order. However, the accrued obligations are not enforceable by contempt proceedings.

Even if the parent-child relationship is terminated, the man may request the court to order period of possession or access to the child following the termination. The court may order periods of possession or access to the child only if the court determines that denial of possession or access would significantly impair the child’s physical health or emotional well-being. The law directs the court to focus on the child’s well-being, not on the man’s desire to continue seeing the child.

If you have been paying child support due to a mistaken belief that you were the father, the time to act is now. A man must file the petition to determine genetic parentage no later than the first anniversary of the date on which he becomes aware of facts indicating the he is not the child’s genetic father. Contact an attorney now!

By Nacol Law Firm P.C. | Paternity
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STAY AT HOME DADS – A Shift in Trend

If you turn on the television you will see a Mother seeing Dad off to work and then tending to the children and baking some brownies for the upcoming bake sale.  In actuality, such a lifestyle in America rarely reflects the real modern day family.  

The number of stay-at-home dads has increased in popularity and occurrence over the years and is notably on the rise in Texas.  Could a reversal of old traditional roles be on the increase in this recession? Women are less affected by layoffs and have a better legal posture due to Affirmative Action.  Recent studies from the Pew Research Center found a third of all wives earn more than their husbands.  Or, is it simply a honest and legitimate desire for some men who recently became fathers in the past decade to be the primary caregiver?  Whatever the reason is, many men enjoy it, and many current studies are positively supporting this untraditional position.

Researchers and psychologists are finding a father’s role to be as or more influential than that of a mother in the first five years of the child’s development and that fathers play a key role in the “gender” role identification of their children.  Some proclaim that having the dad as the primary caretaker properly prepares children for life lessons.  Mothers reassure their small ones during a frustrating situation, while fathers encourage their little ones to manage the situation.  Statistics have shown that children are smarter with a stay-at-home dad and are less likely to focus on gender issues, such as a “No Boys Allowed” sign outside their bedroom door.  A father’s guidance can promote a greater level of curiosity, greater emotional balance, and a stronger sense of confidence.  The Center for Successful Fathering in Austin, Texas cites that fathers who are an active participant in parenting produce children who makes higher grades, have greater ambition, show fewer anxiety disorders, and enjoy a reduced risk of juvenile delinquency or teen pregnancy.

Mothers are getting a pretty good deal as well.  They have the security in knowing that their babies are being looked after by a loved one.  This relieves stress and worry that occurs while children are in day care.  Apart from the safety and family treatment of their children, mothers know that a strong bond is forming between their little one and dad.  Fathers who work outside the home sometimes have a difficult time connecting with their babies, but that doesn’t appear to hold true for mothers.  Mothers can build bonds despite working outside of the home and not spending as much time with their children.  No one can be 100% sure why this holds true, it just appears to be the case.  Mothers can also find comfort in knowing that the fathers will instill values.  Its one thing knowing your child is being molded by someone else’s values; it’s quite another knowing you are paying top dollar for it.  Fortune Magazine reported that over a third of its “50 Most Powerful Women in Business” had a stay-at-home spouse.

As far as social integration, stay-at-home dads may have an advantage.  For example, at school the “alpha” mom doesn’t feel threaten by a dad taking a leading role in the PTA, nor does a dad feel like he has to compete with the “alpha” mom.  People are more likely to cater to a father when he walks into a store with his children, whereas if the mom walks in with kids she often receives a look like: Please don’t let her children break anything.

What are the disadvantages of dad staying at home?  A father who chooses to stay home and not work may suffer from the employment gap. Future potential employers may think they have lost or reduced their business skills and expertise when trying to reenter the work field.  Alternatively, not all dads who stay home choose not to work. The numbers of stay-at-home dads consist of not only fathers who do not work, but also fathers who work part time or work from their homes.  Another disadvantage may be that the arrangement is simply not financially workable, so the family may struggle with implementing their decision.

The mom stays at home trend has shifted and the growing idea of Stay-At-Home Dads is becoming an accepted reality in today’s world. In the next five years, you may turn on the television and see dad seeing mom off to work and then tending to the children, and possibly even baking some brownies for the upcoming bake sale.

Stay-at- home dads are still fighting old myths and prejudices, but make no mistake: kids are in very good hands with dad.

By Nacol Law Firm P.C. | Stay At Home Dads
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TIME IS TICKING on the New Texas Mistaken Paternity Law

Now it is time for “fathers” or men who have been paying child support for children who are not their biological children to assert their rights.

Texas new law, Texas SB785, permits men who have been ordered to pay child support, without genetic testing, to request genetic testing in order to determine whether they are the genetic parent of the child.

But the clock is ticking. If you suspect that you are paying child support for a child who is not your biological child, you must file the petition before September 1, 2012.

After September 1, 2012, a man must file a petition to determine genetic parentage no later than the first anniversary of the date on which he becomes aware of facts indicating that he is not the child’s genetic father.

In order to file for relief under this new law, the man must have signed an acknowledgement of paternity or failed to contest paternity in the previous proceeding because of a mistaken belief that he was the child’s father based on misrepresentations that led him to that conclusion.

If the man knew he was not the father at the time he signed the acknowledgement of paternity or the previous court order, the new law does not apply.

If the genetic testing concludes that the man is not the child’s genetic father, the court shall render an order terminating the parent-child relationship and terminating the man’s obligation for future child support.

The new order, however, does not affect the man’s obligations for child support or child support arrearages accrued before the date of the order. However, the accrued obligations are not enforceable by contempt proceedings.

If the court order states that the father listed on the birth certificate is not the biological father and the information can be removed from the birth record, then the birth certificate can be revised as well.

Even if the parent-child relationship is terminated, the man may request the court to order periods of possession or access to the child following the termination. The court may order periods of possession or access to the child only if the court determines that denial of possession or access would significantly impair the child’s physical health or emotional well-being. The law directs the court to focus on the child’s well-being, not on the man’s desire to continue seeing the child.

If you have been paying child support due to a mistaken belief that you were the father, the time to act is now. Remember the clock is ticking! If you suspect that you are paying child support for a child who is not your biological child, you must file the petition before September 1, 2012. If you wait to file for relief, you will be barred! Contact an attorney now!

By Nacol Law Firm P.C. | Paternity
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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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