family law

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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Trends in Fathers Rights – Texas Family Law

Dallas Fathers Rights attorney, Mark Nacol of the Nacol Law Firm P.C., discusses Trends in Family Law regarding Texas Fathers Rights .

By Nacol Law Firm | Videos on Fathers Rights
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Dec
22

Holiday Season and Divorce? Be the Happy Force for your children with the Sharing Attitude!

Yes, it is the Holiday Season and no, you are not happy! Yes, there is A Grinch who is trying to steal Christmas, but it does not have to be you.  From personal experience, sometimes when you personally are at a very low point in your life, think about others (children, other family members, and friends) who love you and need someone to make their lives happy!

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

  1. You can not 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, you are not happy, try giving some effort to help make your family happier this Holiday Season., Like the Grinch, maybe your family’s joy will help you feel just a little bit better!

Here are my “New Divorce No No Rules” that will make the Holiday Season 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. Work on new traditions that involve all family members with their likes and desires.  Mommy and Daddy are not together anymore, a great time for some fun changes in the Holidays. Look to a wonderful new future and adventure for the family and don’t look back!
  3. Get with your ex-spouse and determine the holiday 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 your ex-spouse about coordinating presents. Many divorcing couples try to one up the other parent and this really puts the child into a very uncomfortable situation. Also, a smart money saving idea.
  5. Talk with the children on their ideas for the Holidays. If they would like to have the entire family together for possibly Christmas Eve, or Christmas Morning, this may be a great idea! Remember: this is not totally 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 and go on with your life, 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 Holiday Season 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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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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