Visitation

Jun
14

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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Apr
28

COVID-19 Emergency! Where Are My Children? They have been taken By My EX!

We are now experiencing the worst Medical Pandemic in the USA since the Spanish Flu Pandemic of 1918. The COVID-19 Outbreak may be changing our American way of life for some time. Many families are in upheaval from fear of loved ones getting the virus, losing jobs, and not having food for their families. And in the middle of this situation you may be going through a family breakup, divorce, or just trying to Co-Parent your kids with your EX.

Now the “Never Want to Live Through It” Scenario may happen! Your kids are picked up by your Ex and they all disappear! Where are they? Are they in danger? When will I ever see my children again?

After you get over your shock, the main question you will ask is:
What can I do to get my children back? 

On March 13, 2020, the Texas Supreme Court issued an emergency order that divorced / single parents should go by the originally published school and visitation schedule in their current decree. Since the last life-threatening pandemic in the United States was the Spanish Flu Pandemic of 1918, most divorce / single parent agreements do not include a pandemic clause! This emergency order was issued with the potential need of closing all courts, non-essential businesses and stay-at-home orders, Texas had to have an order in place to protect the children so that both parents could continue to care and protect them during the Pandemic.

If a custody agreement is in place with the court it is legally binding. If the runaway parent violates the agreement terms, he / she is in violation of the law and will likely face some serious legal consequences.

Many times, the runaway parent may take the children out of your area and may even cross state lines. This violation in your custody / visitation agreement could be considered parental kidnapping if the runaway parent moves over a state line without telling you the new residence of the child or without getting legal permission through the court to move or modify the custody order.

When the runaway parent and children are found, this is what could happen:

  • Custody Arrangements may legally be changed by court orders. You will, in the most aggravated cases, most likely be awarded protective orders or custody with the runaway parent receiving supervised visitation or no contact with the child. 
  • The runaway parent may also face criminal charges and jail time.

At any time, this could happen to you!  If your legal position concerning custody and visitation with your children is in limbo, go secure a family law attorney and the help you need to protect your kids.

*If you were never married or divorced from the runaway parent, or if you have no legal court orders concerning or establishing custody and visitation rights in place, this could be a serious impediment in securing help to find your children.

After you get over your shock, the main question you will ask Is:
What can I do to get my children back?

  • Think Clearly! You must respond quickly. Time is of the essence. 
  • Contact the police immediately. You need to tell them that the runaway parent may have taken the children without permission. Make sure that you have your certified legal court orders that pertain to your parental arrangement agreement concerning your children. It is important to be able to show the police the specific orders and how important it is to find the runaway parent and kids!
  • Contact a family law attorney immediately. Texas Courts are dealing with many of these runaway situations and an experienced family law attorney can help you legally deal with finding your child in a timely fashion. After the runaway has occurred, there will be court intervention to prevent any further occurrences. Custody and supervised visitation issues will also need to be addressed. Texas Judges and Courts will not take a runaway situation lightly by an errant parent! 

Click to open the Texas Supreme Court Emergency Order (pdf)

Nacol Law Firm P.C.
8144 Walnut Hill Lane, Suite 1190
Dallas TX, 75231
(972) 690-3333

Fathers Rights in Texas – WE NEVER GIVE UP!

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Supervised Visitation in Texas – Part 1

Former spouses often use informal visitation arrangements as an opportunity to assault, harass, stalk, and emotional abuse their children and former partners.  In addition, some parents will use their children as a means to hurt the other parent by denying access to the child(ren) even though such access has been ordered by the court, i.e. failing to be at home during scheduled visitation periods, failing to bring the child(ren) to a scheduled location for the other parent to exercise their court ordered visitation, faking illness, etc.

Supervised visitation takes place between the non-custodial parent and his or her child(ren) in the presence of a third party who observes the visit to ensure the child’s physical and emotional safety.  Though sometimes reasonably and successfully ordered, visits voluntarily supervised by friends and family in their homes can be fraught with danger for the child and parent, as well as the monitor, especially in cases of domestic violence.  Family members may trust the parent whose visits are being supervised and therefore may not take proper or sufficient measures to assure the child(ren) are watched or monitored at all times during the visit. 

Consequently, when supervision is indicated, possession/visitation supervised by a neutral third party with the capacity to enforce effective safety measures is normally ordered and enforced by the courts.  The expenses of such supervision are often excessive and may in themselves create a detriment to possession by a parent.  Such agencies may also provide reports and recommendations to the court based on the success or failure of the supervised visits.  Such recommendations assist the courts in making informed decisions regarding supervision and whether continued supervision in the best interest of the child(ren).

If supervised visitation is requested, some type of compelling reason and evidence, based on the circumstances surrounding the child(ren) must normally be established.  Such evidence may include denial of access, drug addiction, mental or physical abuse, neglect, or severe mental illness of a parent.  The following is a potential list of acts and/or circumstances that may be considered contrary to a child’s best interest.

• Violence or physical endangerment – A noncustodial parent may be denied visitation rights if the parent has abused the child or threatened physical violence.
• Emotional harm – Where sufficient proof is offered of potential emotional harm or that standard visitation has detrimentally affected a child’s welfare, supervised visitation may be ordered.
• Child’s wishes – A court may consider the child’s wishes as to visitation.  The weight given to a child’s preference is dependent on the child’s age, emotional stability, maturity and motives.
• Abduction – There must be a showing that there is a strong imminent probability of abduction to limit visitation on this basis.
• Substance abuse – A parent who abuses drugs or alcohol may be ordered to supervised visitation restrictions if the conduct endangers the child or if the parent uses abusive language and/or mistreats the child.
• Mental illness –Mental incapacity may be a reason for supervised visitation only if it is determined by the court that there is a reasonable potential for harm to the child due to such mental illness.
• Sexual behavior – Courts rarely deny visitation solely on the basis of a non-marital heterosexual relationship.  Courts will, however, cancel overnight visitation by a child with a parent because of the parent’s cohabitation on a showing of an adverse and material negative impact on the child.
• Incarceration – Visitations due to incarceration may be suspended only on a showing that such visits are detrimental to the child.

To have more of your questions answered on supervised visitation in Texas, or for answers to any other Texas child custody concerns you may have, call  Dallas Divorce attorney Mark Nacol of the Nacol Law Firm P.C.

By Nacol Law Firm | Possession of Children
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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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