Author: Nacol Law Firm P.C.

Dec
16

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

By Nacol Law Firm P.C. | Special Needs Children and Divorce
DETAIL
Dec
11

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 P.C. | Child Custody
DETAIL
Nov
20

Your 2023 Texas Holiday Visitation Schedule with your Children

Now is the time to review your 2032 Holiday Visitation Schedule with your children.
Here is a reminder of the current Texas Family Law Code’s Standard Possession Order for the 2023 Holidays.

Texas 2023 Family Law Code’s Standard Visitation Guidelines for Thanksgiving:

The possessory conservator or non-primary conservator shall have possession of the child in odd-numbered years, beginning at 6 p.m. on the day the child is dismissed from school before Thanksgiving and ending at 6 p.m. on the following Sunday, and the managing conservator shall have possession for the same period in even-numbered years; The Holiday schedule will always override the Thursday or Weekend schedules.

Texas Family Law Code’s Standard Visitation Guidelines for Christmas Break:

The possessory conservator or non-primary conservator shall have possession of the child in even­ numbered years beginning at 6 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and the managing conservator shall have possession for the same period in odd-numbered years.

The possessory conservator or non-primary conservator shall have possession of the child in even-numbered years beginning at noon on December 28 and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in odd-numbered years; The Holiday schedule will always override the Thursday or Weekend schedules.

The Holiday Season should be a happy family time. Many times, emotional issues from the result of the break-up affects a family which causes the joy of the season to be overshadowed by unhappiness and despair! Children need to have structure in their Holiday Visitation Schedule to ensure that they will be able to see both parents and share the joy of the season with their entire family. The children are often the ones who suffer when the Holiday Visitation arrangement goes awry.

Unfortunately, many parents may wait too long to confirm visitation plans for this upcoming holiday season. If you cannot reach an agreement regarding visitation or believe you may be deprived of holiday visitation by the other parent, now is the time to contact an attorney. Time is short and Courts are already starting to overload with future visitation problems for the 2023 Holiday Season.

The best gift a child can experience for the Holiday Season is an early proactive arrangement of all holiday plans between both parents. Everyone needs to know dates and times for visitation with both Mom and Dad. This Holiday Season vow to keep your child out of the middle of any family conflict and start to develop new holiday traditions with your child and family. Many parents have new relationships/marriages and other children in the family group. The new holiday traditions should include everyone and be a bonding experience for years to come.

Call Us. We Can Help!

Nacol Law Firm P.C.
Dallas Fathers Rights Attorneys
(972) 690-3333 

By Nacol Law Firm P.C. | Possession of Children
DETAIL
Nov
14

Unique Possession Orders that Work with a Fathers Profession

Many professions create impositions on conservators making a standard possession order inapplicable and unworkable. The Court may deviate from a standard possession order if the order is inappropriate or unworkable in reference to the schedules of both the conservators and the child. Unique professions and irregular school schedules for children allow the Court to have flexibility to deviate from a standard possession order that is in the Best Interest of the Child. There are multiple ways in which the Court may depart from a standard possession order to fulfill the needs of all parties involved with the custody of the child.

First, the Family Code § 153.254 states that the Court will be allowed deference to modify the standard possession order if work schedules of either conservators or the school schedule of the child is irregular. The Court must attempt to narrowly tailor the modifications to keep the new possession order as similar to the standard possession order as possible. This instance most commonly occurs when the Managing Conservator and the Possessory Conservator cannot reach an agreement and one of the two Conservators has a unique profession such as a firefighter, police officer, or airline pilot. The working hours of these jobs allow the Court to modify the standard possession order even if both of the parties do not comply with the changes. The modifications must be made only if it is in the Best Interest of the Child.

Secondly, the standard possession order may always be modified if it is by the mutual agreement of both the Managing Conservator and Possessory Conservator. Family Code § 153.007 is the Agreed Parenting Plan Statute and allows for both parties to agree on a standard possession order for the child. This statute was passed to promote amicability in settlement for child custody issues and to give flexibility to the parents if they are willing to agree on custody terms. The Agreed Parenting Plan must be in the Best Interest of the Child for the Court to approve. If the Court grants the Agreed Parenting Plan then the Managing or Possessory Conservator will have a remedy as a matter of law for any violation of the agreement committed by either party.

Finally, both Conservators may enter into a Mediated Settlement Agreement under Family Code § 153.0071. A Mediated Settlement Agreement is the only time in which the Court will NOT look at the Best Interest of the Child when granting the custody agreement.

The Mediated Settlement Agreement § 153.0071 must be:

  • In bold, underlined, and capital letters that the agreement is NOT REVOCABLE
  • Signed by Both Parties to the agreement
  • Signed by the lawyers (if represented) of each party

The Mediated Settlement Agreement is binding and not revocable so if the Conservators wish to go this route they must understand that what is in the agreement will be held as binding. This method can be used to modify or change a standard possession order and the Court will not look at the Best Interest of the Child regarding the agreement, unless there exists a credible threat of domestic violence.

These are the methods in which a unique possession order may be obtained to accommodate irregular schedules or working hours of both the conservators. Any possession order must be correctly drafted and all future contingencies must be accounted for. An experienced lawyer must be contacted to safeguard an individual’s custody rights of their children and to make sure that a fair custody arrangement is obtained.

DETAIL
Nov
13

Child Support: Gender Neutral Pro Rata Child Support Obligations

One of the most frequent inquiries we receive at The Nacol Law Firm is whether child support obligations are equally applied between Mothers and Fathers. When a parent is considering a divorce or a union break up with the child’s other parent, who pays for child support and medical/dental insurance for the child, for how long and according to what guidelines?

The State of Texas (Texas Family Code Ch 154) Sec. 154.001. SUPPORT OF CHILD. (a) The court may order “Either” or “Both” parents to support a child in the manner specified by the order: (1) until the child is 18 years of age or until graduation from high school, whichever occurs later; (2) until the child is emancipated through marriage, through removal of the disabilities of minority by court order, or by other operation of law; (3) until the death of the child; or (4) if the child is disabled as defined in this chapter, for an indefinite period.

The State of Texas child support laws dictate that children are entitled to financial support from both parents. Texas establishes child support guidelines to determine how much an average child will need. The guidelines provide for a basic amount of support to the parent who receives it based on the other parent’s income and number of children to be supported. However, there may be special circumstances that justify the court’s deviation from the standard amount of child support. Extraordinary expenses can be taken into consideration, including medical expenses or high childcare costs and other specific exceptions.

The State of Texas also supports that a Father and Mother should have the relatively equal rights to the child and should share in the child’s care and support. What does that mean? If Mom or Dad each have standard access and possession 50% of the time, then the Father and Mother should pay guideline support for the care of the child. Yes, Father and Mother.

With a substantial rise of mothers paying child support in the United States, many women are reevaluating their situations, when they find out Dad will not be paying all expenses and child support and be prorated when raising the child 50% of the time.  Today’s mothers are the primary breadwinners in four out of 10 U.S. families (Pew Research).

Texas statutes dictate specific Child Support guidelines and, like it or not, other than rare exceptions, neither parent can escape this obligation!  Many mothers will plea that they cannot work because of their obligation to the care of the child or will under-employ to try to escape paying their rightful share of the child’s support. But in today’s world many parents either share 50/50 time with their child or father may be the primary custodial parent.

If the mother refuses to pay court-ordered child support, there may be several enforcement options. A contempt of court action can hold the mother civilly or criminally liable for not obeying the court’s mandate. If found guilty, the mother may be required to post a bond equal to the amount of child support in arrearages or may have to serve time in jail for contempt. Other actions include suspending the mother’s driver’s license or professional license, intercepting tax refunds or federal payments, denying passports, placing liens on property and reporting the debt to credit bureaus.

CHILD SUPPORT GUIDELINES BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR:

  • 1 child 20% of Obligor’s Net Resources
  • 2 children 25% of Obligor’s Net Resources
  • 3 children 30% of Obligor’s Net Resources
  • 4 children 35% of Obligor’s Net Resources
  • 5 children 40% of Obligor’s Net
  • 6+ children Not less than the amount for 5 children

(3/5/2019 FAMILY CODE CHAPTER 154. CHILD SUPPORT https://statutes.capitol.texas.gov/Docs/FA/htm/FA.154.htm 20/47)

For more information on Texas Child Support Guidelines, please go to the Texas Attorney General Child Support Website at: https://csapps.oag.texas.gov/monthly-child-support-calculator

Mark Nacol
Nacol Law Firm 

Dallas TX 

By Nacol Law Firm P.C. | Child Support For Fathers
DETAIL

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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