fathers rights attorney

Fathers Have Rights – Enforce Them!

Attorney Julian Nacol, Nacol Law Firm P.C.
www.FathersRightsDallas.com

Are you a Texas father that is having issues involving child custody, visitation rights, parental alienation, false allegations of abuse or false paternity claims?

It is important for you to know your legal rights as a father! And it is imperative that you enforce your rights for your children!

Call our Dallas fathers rights attorneys, Mark Nacol and Julian Nacol, for a consultation today!



DETAIL
Nov
09

The Holidays and Visitation with your Children : Problem Times

The Holiday Season is usually an exciting time for both parents and children alike, but for families split by divorce or separation, the emotion issues from the result of the break-up on the affected family can cause the joy of the season to be overshadowed by much unhappiness and despair!

Unfortunately, most parents wait too long to confirm visitation planning for the upcoming holiday season and a very sad and unhappy family situation occurs.  Now is the time to contact Legal Counsel if you cannot work out or are otherwise being deprived of a holiday visitation by your Ex.

Children need to have structure in scheduling the Holiday Visitations to ensure that they will be able to see both parents and share the joy of the season with their entire family.  When this goes awry, the children are usually the ones who suffer.

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. Longer the wait, more stress involved!

  • If there is a deviation in holiday schedule this year, make sure it is 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 your EX 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 and try to accommodate this.

  • Sit back and 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 a potential problem could arise on holiday visitation schedules, make sure you take action legally in plenty of time to consult a legal expert and get the conflict resolved before the holidays commence!

By Nacol Law Firm | Possession of Children
DETAIL
Jul
12

Behind on Child Support ? Factors on Satisfying Texas Back Child Support Arrearage

In Texas it is the responsibility of a mother and father to adequately support their child. An adequate support usually comes in the form of child support payments monthly. It is a common mistake of judgment to attempt to hide from child support obligations or willfully ignore the obligation. Intentional non-payment gives rise to contempt proceedings

The circumstances regarding the parent’s decision not to pay child support is considered by the court in contempt proceedings. Texas Family Code 154.131 strictly deals with retroactive child support payments. There are four factors a Texas Court will consider when determining how far back a parent must make child support back-payments. They are:

  1. If the mother of the child had made any previous attempts to notify the obligor (delinquent parent) of his paternity or probable paternity;
  2. If the obligor (delinquent parent) had knowledge of his paternity or probable paternity;
  3. If the order of retroactive child support will impose an undue financial hardship on the obligor (delinquent parent) or the obligor’s family; and
  4. If the obligor (delinquent parent) has provided actual support or other necessities before the filing of the action.

All these factors will be taken into consideration by a Texas Court when determining how far back and how much an individual must pay child support.

If it is reasonable and in the best interest of the child then the Texas Family Code 154.131(c) allows for the Court to assign retroactive child support payments that only extends back 4 years. The option to confine retroactive child support payments to only four years may be contested by the parent requesting the child support. A parent that is contesting the Court’s decision in allowing the delinquent parent to pay back only four years’ worth of back-payments will have the burden of proof to establish:

  1. The Obligor (delinquent parent) knew or should have known that he was the father of the child for whom the support is sought

And

  1. The Obligor (delinquent parent) sought to avoid the establishment of support obligation to the child

If, however, a father is delinquent on child support because he did not know of the child’s existence, was told by the mother that his support was not wanted or needed, or the father had been paying a certain amount prior to the filling of the child support then the Court will likely only award retroactive payments of four years or less. If the father has willfully refused or ignored his obligation to pay support and adequately support his child, then the Court has the authority to order that delinquent parent to pay retroactive child support payments dating back to the day the child was born.

Retroactive child support can be complex and tricky considering the multiple circumstances in which this problem may arise. If you find yourself in this predicament and have received a summons to a Texas Child Support Court, then contact an experienced attorney immediately to see what can be done and how to best effetely address this unavoidable issue.

By Nacol Law Firm | Child Support For Fathers
DETAIL
Jun
11

Emotional Abuse in a Marriage

Many headlines are common as to in what ways Domestic Physical Violence and Physical Abuse affects families and individuals. Consider however the silent spoiler of marriage: Emotional Abuse!

Most domestic abuse and violence commences with deliberate on-going negative behavior by one partner/parent against another family member as the abuser demeans and dismantles the victim’s feelings of self-worth and independence.

Just because a person does not end up in the hospital as a victim of physical abuse, emotional scars and a resulting negative self-image may adversely impact the individual for their entire life.

Emotional abuse often includes verbal abuse, controlling behavior, intimidation and isolation. Most emotional abusers will also make multiple violence threats and orchestrate other non-physical types of punishments if their victims refuse to blindly obey.

Since “the Abuser’s Goal is Always Control”, economic/ financial control is one of the most common forms of emotional abuse. Victims have feelings of “no way out” from abusive relationships and strict financial control imposed by the abuser results in spiraling hopelessness.

What are some serious financial control issues to look out for? Do you have a problem?

  • Total controlling of all family expenses.

  • Withholding money and credit cards and strict, unrealistic allowance restrictions.

  • Withholding basic necessities (food, clothing, shelter, medical needs).

  • Controlling your choice of career and prevention or obstruction from gainful employment.

  • Sabotaging your job by constantly calling you, causing problems with your boss or associates, and causing you to miss work.

  • Stealing money from you.

All types of abuse are sick, but emotional abuse the silent spoiler of lives is often overlooked until it is too late.  Every family member in these cases may be effected and scared for years.  Many children who are tainted by abuse never completely know a normal loving relationship with a partner, spouse, or child since their low self-esteem prevents normal intimacy with others.

By Nacol Law Firm | Protective Orders
DETAIL
Feb
22

Hey Fathers! Beware of Assault and Family Violence

In modern times the District Attorney’s office in Dallas, Collin, and Tarrant County have a zero-tolerance policy on domestic violence towards women. Unfortunately, domestic violence occurs much to frequently in our society. Though helpful in certain situations, this Zero-Tolerance policy has the potential to be abused to gain leverage in a Child Custody proceeding.

A mere allegation, is usually sufficient for the District Attorney to file charges against a man, regardless of the proof. If there is an allegation of abuse reported to the dispatcher and a police officer is sent to a home, then one of the spouses will be heading to jail. If the spouse is a father, this can be detrimental in two ways. First, the arrest for Domestic Violence will open the father up to liability when pursing his rights during a custody battle. Second, a false allegation, tactically placed, may open up a second front on a father, forcing him to defend against the District Attorney’s office for a Class A Misdemeanor.

When a father is accused for domestic violence, he will have to explain this false allegation to the District Judge and furthermore if the Zero-Policy dictates that the District Attorney pursues the allegation, then the father will have to defend himself from the State.

The mere allegation of domestic violence has severe repercussions for fathers’ that are currently fighting a custody battle for their children. The best way to deter such behaviour is to:

  1. Be vigilant at all times and never visit your Ex-Spouse/girlfriend one on one;
  2. Never enter a situation to which your Ex-Spouse/girlfriend may claim domestic abuse;
  3. When picking up your child always have a third-party with you (mother, father, or friend) throughout the duration of the custody case;
  4. Use “family wizard” when communicating with your Ex-Spouse/girlfriend;
  5. If your Ex-Spouse/girlfriend threatens to make a false allegation write down the date, time, and location;

It is not healthy to be paranoid of your Ex-Spouse/girlfriend if the relationship is not high risk for domestic violence allegations. You should always attempt to co-parent and amicably resolve disputes with your Ex-Spouse/girlfriend for the betterment of the children. Having said that, there are situations and circumstances in which false allegations may be used to leverage one side during a custody suit. If a false allegation is filed with the District Attorney and you are a father do not expect to receive any sympathy from the District Attorney’s Office.

 

Julian Nacol
Father’s Rights Attorney
Nacol Law Firm PC

By Nacol Law Firm | Domestic Violence
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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