fathers rights attorney

Oct
12

Texas Holiday Visitation Schedule with your Children: Guidelines for Thanksgiving and Christmas

Now is the time to review your Holiday Schedule for visitation with your children during this wonderful time of year! We suggest you review the specific circumstances provisions of your order concerning visitation.  Because many families have specific situations that occur during this special time, this visitation time is the most modified area in the Standard Possession Order. The Holiday schedule will always override the Thursday or Weekend schedules.

Here is a reminder of the current Texas Family Law Code’s Standard Possession Order for the Holidays.

Texas 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;

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 odd-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 even-numbered years;

The Holiday Season should be a happy time for but for families split by divorce, the emotional issues from the result of the break-up on the affected family can cause the joy of the season to be overshadowed by unhappiness and despair!

Unfortunately, many parents, wait too long to confirm visitation plans for the upcoming holiday season, resulting in an unfortunate and a very unhappy family situation.  If you cannot reach an agreement regarding visitation or you believe you may be deprived of holiday visitation by the other parent, now is the time to contact an attorney.

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.

The best gift of the holiday a child can experience is an early proactive arrangement of all holiday plans so everyone knows 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.

Tips on Dealing with Holiday Visitation Issues

  • Make sure your children have positive holiday memories. Shield them from conflicts between warring ex-spouses.
  • Plan ahead now on scheduling the upcoming holiday visitations. The longer the wait, the more stress involved!
  • If there is a deviation in the holiday schedule this year, make sure it is, in advance, in writing.  Make sure the document shows what times are being exchanged and both parents sign it for future confirmation.
  • Stay flexible and compromise: If you have to work, consider having the kids spend more time with the other parent so they have time with friends.  This is a time for new family traditions and changes from old habits.  Put aside your differences with the other parent and make the children’s time happy with good memories.
  • If age appropriate, ask your children what is important to them during the holidays.  There may be a special place or event that is very important to them; try to accommodate this.
  • Enjoy the Holidays with your children.  This is a special time for wonderful bonding and beautiful memories. Do not undermine their holiday by hateful confrontations and fighting.
  • If you anticipate a problem could arise regarding holiday visitation schedules, don’t delay! Consult a legal expert in time to get the conflict resolved before the holidays commence!

 

By Nacol Law Firm | Possession of Children
DETAIL
Oct
05

What to Do if you are Served with a Divorce Petition, Citation, or Notice to Appear

A divorce proceeding is a difficult time for all parties involved. It is scary to be “served” with a petition for divorce. Fear, anxiety, and confusion are just some of the emotions that go through one’s mind when reading and absorbing an official Court document stating that a spouse wishes to end the relationship. Here are a few tips to keep in mind when you are served.

First, it is not the total end of the world. Do not give into immediate impulses and passions or fall prey to threatening or aggressive messages. Remember anything you say or do, especially in messages, texts or emails, may be used against you at Court. Do not give your spouse free arguments for the divorce.

Second, DO NOT use social media to vent frustration or talk about the divorce. Anything you write to third parties on social media may and will be used against you in Court. It may be hard but for your own benefit do not engage in frustrated tirades regarding your spouse on Facebook.

Third, find an experienced attorney, especially if children are involved. Be smart. It is not always prudent to hire a lawyer based on what appears to be the best financial deal possible when your children and possessions are at stake. The old axiom “you get what you pay for” is true when it comes to legal representation.

Fourth, be wary of Pro Se representation. Pro Se means that you have chosen to represent yourself in the divorce case. This may end very badly for you. Many people believe that if they research enough and familiarize themselves with the Texas Family Law Code they just might be able to receive a good outcome and drive up the attorney cost for the other spouse. Attorneys go to school for many years for a reason. The outcomes for Pro Se clients are not usually good and do not be tricked into taking on an inexperienced attorney to save money.

Fifth, save all hateful and scandalous remarks made by your spouse that have been emailed, texted, posted on social media or any other proof that can be saved against your spouse. Delete Nothing! Allow your spouse to dig his/her own hole. All of both spouse’s comments may be used in Court.

Finally, do not listen to your Spouse about any type of perceived legal outcomes. “I talked to a divorce lawyer and he said you better sign this or I will get everything…”. This is common in family law. Do not fall for the trap, seek experienced representation and let the divorce lawyer deal with your spouse or your spouse’s attorney. Do not be tricked into settling or giving up your children or possessions without competent assistance and advice from legal counsel.

Follow this advice and it will greatly help your probabilities with obtaining a favorable and fair outcome in your divorce case.

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

By Nacol Law Firm | Divorce Checklist . Filing for a Divorce
DETAIL
Oct
04

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 | Child Custody
DETAIL
Sep
20

What Happens in a Texas Divorce ?

Divorce can be frustrating, confusing, and resentful. Divorce is never a pleasant experience even in the most amicable terms. It is important to know what you are in for when a divorce is filed. An original petition will be filed, and your spouse must be served with a process server.

After service of the original petition, the Petitioner may file for a Temporary Restraining Order (“TRO”) to protect the child and marital estate. Once a TRO is granted by the District Judge, a temporary order hearing will be set within 14 days. This temporary order hearing is extremely important and will determine the direction of the case.

Temporary Order hearings are usually condensed to 20 minutes a side depending on the complexities of the case. Within this 20 minutes, you will have to put on evidence for your entire case regarding custody of the children, management of the marital estate, and any other considerations such as receivership of a business.

After the temporary orders hearing, the case will dive into full throttle litigation. Discovery on both sides is usually conducted including interrogatories, admissions, and production of documentations. The documents that are usually requested consists of bank statements, retirement pensions, social media pages, text messages, and emails. Each case requires specific Discovery requests that are narrowly tailored to the facts presented. Discovery can last months and usually follow with motions to compel and sanctions. In highly contested cases the rigors of discovery and compiling documentation can be brutal.

During the Discovery phase, Depositions may be warranted. Depositions consists of your attorney questioning your spouse and any other witnesses that are relevant to the case for impeachment purposes. Depositions are necessary if the case will go to a jury, because impeachment of your spouse is a necessity to prove your truthfulness.

Mediation is, more often than not, mandatory in Courts, but this is the general rule. Certain Courts in the Dallas, Fort Worth, and Collin county do not require mandatory mediation. Each Court has its own rules of procedure and requirements. If the Mediation fails to produce a settlement between you and your spouse, then the only thing left is trial.

Depending on the complexities of the case and assets, a trial can last half a day or be a three-day trial. Most trials are before the District Judge. Certain facts may give rise to a jury trial but a jury trial is more costly and can take up more time. After the trial is complete the parties will have to wait for a ruling. This can take days to months depending on the case and jurisdiction.

When the final ruling is given to all parties, the Judge will charge one party to create a final order that will be submitted to the Court. This can give rise to more litigation depending on the interpretation of the Judge’s rulings by both parties. Finally, when both parties agree to a final order or the Judge determines which version of the final order is proper, then the case will be over.

Divorce can be a painful process that lasts 6 months to three years depending on the circumstances and the nature of the parties involved. If you are about to file for a Divorce in the DFW metroplex call Nacol Law Firm so that you have an experienced family law attorney to represent your interests throughout the process.

Julian Nacol
Dallas Fathers Rights Divorce Attorney
Nacol Law Firm PC

DETAIL
Sep
19

My Kids have been hidden by my Ex! And I don’t know where they are…

This is a “Never Want to Live Through” Scenario: After a family breakup or divorce, your kids are picked up by your Ex and they all disappear! Where are they? Are they in danger? 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?

  • Thinking 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!
  • Make a list of possible locations the runaway parent may have taken the children. This helps the police in their search.
  • Contact a family law attorney immediately.  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.

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.

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 a custody agreement is in place with the courts, it is legally binding. If the runaway parent violates the agreement terms, this parent is in violation of the law and will likely face some serious legal problems.

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 moved 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 will legally be changed by court orders.  You will 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.
By Nacol Law Firm | Child Custody
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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