Fathers Rights Blogs

Feb
10

Texas Family Court Actions and Parental Alienation

Most children of divorce want to be loved and maintain strong and healthy relationships with both of their parents. These children also want to be kept out of the conflict between their parents. But there are some parents who through their feelings of hatred, rejection or want of control over the rejected parent, brainwash the alienated child to have very adverse feelings for the rejected parent and choose sides to bolster their parental identity. This is called Parental Alienation.

Parental Alienation usually happens equally between children of both sex and many times occur in highly conflicted and long lasting divorces and custody battles. A Study by Fidler and Bala (2010) states that about 11-15% of all divorces involving children involve parental alienation issues.

Parental Alienation involves destructive actions by an aligned parent to discredit and sabotage the rejected parent in the eyes of the alienated child. This is usually a sign of a parent’s inability to separate the couple’s conflict with the needs of the alienated child’s well-being. This adverse action will eventually cause increased hostility and decreased contact with the alienated child and the rejected parent. The aligned parent programs the child to believe that the rejected parent is mean, unloving, worthless and selfish, and makes the alienated child believe that he/she will be happier if the rejected parent is erased from his/her life. In very extreme cases, through manipulation by the aligned parent, the alienated child will start to hate the rejected parent which can lead to many behavioral, emotional and mental problems of separation.

What are some symptoms of Parental Alienation by the Aligned Parent?

  1. Interference with the target parent visits. Giving children unhealthy choices when there is no choice about the visit. Not allowing any target parent visits.
  2. Depriving the target parent from information regarding educational, medical and social activities of the child and excluding or not informing the target parent of all of the school, medical, social activities of the child.
  3. Sharing with the child “everything” about the marital relationship with false information to be “honest” with the child. Blaming the target parent of breaking up the family, financial problems, or not loving the child enough to stay, the alienating parent tries to turn the child and his/her anger against the target parent.
  4. Interference with or not supporting contact between the child and the target parent. Listening into telephone conversation or reading all emails, texting, or correspondence between the child and target parent.
  5. Making major unilateral decisions regarding the child without consulting the target parent.
  6. Refusing to let the child take his/her possessions to the target parent’s residence.
  7. Telling the child, in a time of juvenile crisis, that the target parent has been abusive and the target parent may hurt the child.
  8. By defying the target parent’s authority and supervision, the alienating parent is asking the child to impossibly choose one parent over the other. This causes considerable stress and potential long term emotion scarring for the child and much unnecessary pain, difficulty, and anxiety when trying to love both parents.

The alienating parent will try to program the child to dislike, hate, or fear the rejected parent. By causing the child to disown or distance themselves away from the rejected parent, the aligned parent may, in the end, cause a very distrustful and emotionally scarred child. The goal may be achieved, but not with the desired results of the alienating parent. Many times, the child, without hope, will turn on both parents and never be able to have trusting, loving relationships in his/her life.

Since the American Psychiatric Association does not formally recognize Parental Alienation Syndrome/Disorder, The State of Texas does not provide legal standards to evaluate a parental alienation presence in a child. Texas courts have started to act when there is suspected parental alienation. Some of the aids are courts appointing guardians ad litem, parenting facilitators and forensic psychologists used to study the child’s living situations and mental health of both parents and the child. Reports from these specialists have been used in making some very important rulings for the benefit of the child and the families in suspected Parental Alienation cases.

If you and your child are victims of Parental Alienation Syndrome, please contact a Dallas family law attorney who is experienced in these types of cases in Texas family courts.

By Nacol Law Firm | Parent Alienation
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Jan
31

Interstate Jurisdiction – Multi State Confusion in Child Custody Disputes

Child custody issues can be difficult for the parties involved at any time, but when the custody case crosses a state line, Dallas family law attorney Mark Nacol warns that many more conflicts and problems may arise.

Most states follow a uniform law regarding determination of appropriate state jurisdiction in custody matters known as the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and related statutes laws which enforce or set procedures regarding proper jurisdiction such as the Parental Kidnapping Prevention Act.  Texas has adopted these statutes. The Uniform Child Custody Jurisdiction Enforcement Act defines which state has or may maintain jurisdiction in a particular case and often mandates that other states recognize decisions handed down by the state determined to have jurisdiction.

The Act states, among other things, that a court may rule on custody issues if the Child:

  • Has continually lived in that state for 6 months or longer
  • Was living in the state before being wrongfully taken elsewhere by a parent seeking custody in another state
  • Has an established relationship with people (family, relatives or teachers), ties, and attachments in the state
  • Has been abandoned: or is safe in current state, but could be in danger of neglect or abuse in the home state

There are a number of core factors involved in determining which state is appropriate to initiate or maintain an existing suit.  Usually, there are only two states involved, but it is possible to have more than two states involved in cases where there is a frequent moving of the parties and or the children.  Generally, any state in which one of the parties and the child has continually resided for a year may establish venue to commence a lawsuit.

The Nacol Law Firm PC represents parents trying to enforce these laws; cases where there is a need to persuade courts to apply the specific, narrow exceptions to these general rules in order to have custody cases heard in the most convenient forum in which the most evidence is available; cases where the child’s home state or other basic questions need to be clarified, and cases where a parent has violated or has been falsely accused of violating these laws.

By Nacol Law Firm | Child Custody . Interstate Jurisdiction
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Jan
19

Divorce’s Emotional Stages: Are You There Yet?

In 2014, The United States at 53%, had the 10th highest divorce rate in the world! According to the Forest Institute of Professional Psychology: 50% of first marriages, 67% of second marriages and 74% of third marriages end in Divorce in the United States.

Marriages do not break up overnight. There is not one incident or one party that ends a marriage. Your emotional break up usually extends over several years with the marriage parties continually at different stages in the emotional process.

Just remember,” no marriage is totally bad nor totally good!” Do not go fault finding!  Both partners stay in a marriage for a longer period of time because there are good things about it. Now the couple is divorcing because the “bad” things make the marriage not work anymore.

A new divorce survey by Slater and Gordon Law Firm (survey of 1000 divorced people) recently came out with some very interesting results:

  • The average person will spend about 2 years thinking about a divorce before they file.
  • During this time the average person spends 18 months really trying to fix their marriage and working to save it.
  • 76% try to fix their marriage problems before deciding on a divorce
  • 53% discuss divorce with someone besides their spouse before filing
  • 36% spoke with an attorney before deciding on a divorce

What are the emotional stages a couple will experience leading up to a divorce?

1. Disillusionment of one / two marriage partners ( not verbalized to other partner)

  • Continued, ongoing feelings of discontent, pent up resentments and breach of trust
  • Emotional feelings of anxiety, anger, denial, depression ,fear, grief, guilt ,and  love
  • Real problem but unacknowledged
  • Developing greater distance, lack of mutuality, and increase in arguments
  • Consideration of pros and cons of possible divorce and/or separation

2. Verbalized Dissatisfaction ( no legal action yet)

  • Feelings of anguish, doubt, emotional, grief, guilt, relief, and tension after expression of discontent is now in the open!
  • Marriage counseling and giving “one last try” for the marriage

3. Decision to Divorce ( no legal action yet)

  • Feelings of anger, anxiety of the future, guilt, resentment, and sadness
  • Other partner now in emotional stage one and both parties feeling victimized by each other.
  • Realizes this decision is usually not reversible

Divorce Decision Action (the legal process begins)

  • Feelings of anger, blame, shame, fear, and guilt
  • Emotional and physical separation
  • Going public with decision to family and friends
  • Dealing with the “Children Problem”. No way around this one.
  • Hiring an attorney and start the divorce process

4. Acceptance of Divorce / Single Life ( during the legal process or after)

  • Many life adjustments: emotional, mental, and physical
  • Realization that the marriage was not fulfilling or happy
  • Dealing with your children and helping them to understand they are loved and did not cause the end of the marriage
  • Work on developing the “new single you”, new identity and a plan for the future!

This emotional roller-coaster may take years to complete, but keep focused and you will get through it.  Surround yourself with competent legal professionals who will help you through this life changing event.

Just remember this: the divorce emotional stages are a normal occurrence when going through a divorce.  Outside of a death, divorce is one of the most life changing events in an individual’s life.  This list is very basic and you will probably add many other emotions on to the list You are not alone. It is a grieving process and you will recover.

By Nacol Law Firm | Filing for a Divorce
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Jan
18

Invalid Pre-Nuptial Agreement: Attacking Pre-Nuptial Agreements

Modern High Asset marriages commonly  involve Pre-Nuptial agreements to preserve and protect each spouses‘ property. If one spouse takes advantage of the other and the Pre-Nuptial is unconscionable, it may be attacked as invalid as a matter of law. There are a few considerations you should make sure of before determining if a Pre-Nuptial is valid:

  1. Did you sign the Pre-Nuptial voluntarily?

OR

  1. Were you given fair disclosure of the property or obligations of the other spouse?
  2. Did you waive the right of disclosure in writing?
  3. Did you have adequate knowledge of the property or financial obligations of the other spouse?

If you answered “NO” to either (1) or all of (2)-(4) then you may be in a position to contest the Pre-Nuptial agreement. It is difficult to show that a Pre-Nuptial agreement is unconscionable. The Courts have made it clear that “unfairness” which is short of unconscionability does not make a Pre-Nuptial unenforceable. Determining whether a Pre-Nuptial agreement is valid or not is in large measure a question for the judge and not for the jury. This means that a judge will make the determination if your spouse has forced you to sign a Pre-Nuptial in an unconscionable way.

For high asset divorces, Pre-Nuptial agreements are more common. If you are a spouse that was pushed into signing a Pre-Nuptial without fair disclosure or without adequate knowledge of the property or obligations enforced in the agreement you may have a claim. Depending on the circumstances, invalidating a Pre-Nuptial agreement may be time consuming and costly, so an experienced attorney must be consulted.

Assess your situation at the time you signed your Pre-Nuptial. Did your spouse muscle you into signing the Pre-Nuptial, thus possibly invalidating the Pre-Nuptial? Once you have answered these questions find an experienced attorney that is familiar with contesting or setting aside unconscionable or unenforceable Pre-Nuptial Agreements.

Julian Nacol, Attorney
Nacol Law Firm P.C.

By Nacol Law Firm | Texas Prenuptial Agreements
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Jan
18

Divorcing the Addict Spouse

Has the time come to seriously start thinking about divorcing your Addict Spouse? After much heartbreaking soul searching has the time to break the downhill addictive spiral come for you and your family? Have you decided to stop the instability and damaging personal assaults the addictive spouse and parent has inflicted on the entire family?

Here are some possible questions you may ask yourself before making the final decision of divorcing your Addict Spouse:

  • Have you acknowledged to yourself that your spouse is an addict?
  • Have you acknowledged to your spouse that he/she is an addict?
  • Has your life and that of your family become chaotic and unstable as a result of living with an addict?
  • Have you gotten help for yourself and your spouse from an addiction expert?
  • Have you attended counseling with your spouse and a knowledgeable addiction therapist?
  • Have you or your family experienced serious negative consequences as a result of your spouse’s addiction?
  • Have you considered or tried an intervention?
  • Have you told your addict spouse that you are contemplating divorce unless he/she stops using?
  • Are you now ready to leave the marriage and stop the pain?

(National Institute on Chemical Dependency: http://nicd.inspirehealth.org/)

You do not have to live in this current situation. Are you, as the non-addictive spouse, already the enabler in this relationship? Many times when the addictive spouse does seek professional help it is already too late for the marriage to survive.

If you have a family, addictive reality is very destructive to you and all family members involved. Most non-addictive family members feel very helpless in stopping the family unit from being destroyed or addressing the viability of the marriage.

By Nacol Law Firm | Addictions and Divorce
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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