fathers rights

Sep
12

Parental Alienation And False & Malicious Domestic Violence Allegations

Parental Alienation Syndrome (PAS) is a generally recognized platform that may result in child abuse. This occurs when a custodial parent of a child from a separated family uses deception to deliberately alienate children from their non custodial parent.

Misplaced Domestic Violence Restraining and Protective Orders are an excellent tool to advance the Alienating Parent’s malice! Misguided Protective Orders of a Court based on such false representations may remove the Accused Abuser Parent from the home, bar the Accused Abuser from seeing his/her children and give the Alienating Parent total physical custody of the children. The Accused Abuser Parent is now effectively “Guilty Until Proven Innocent”.

Once the Alienator obtains a Restraining Order through false domestic violence allegations, the Accused Abuser Parent may find it difficult to defend himself or herself against the false allegations.  This sends the implied message to the children that “Daddy/Mommy” is bad or dangerous, stamped by the court.

The Accused Abuser Parent may only see his/her children in a cold and uninviting supervised visitation setting. Supervised Visitation Centers are facilities where a child is taken to meet with the Accused Abuser Parent in a third party monitored location.  A third party observes the Accused Abuser Parent during their visit with their children so that the child is “protected” at all times.

Often the supervised visit is demeaning for the visiting parent in the eyes of his/her child.  The impression to the child that “Daddy or Mommy” is dangerous comes across loud and clear since most children only see lock up situations on TV and these people are seriously viewed as being bad.

Many Alienating Parents use this scary situation to encourage their child not to see the Accused Abuser Parent at all. The more time a child is out of contact with the Alienated Parent the deeper the scaring and recovery period for that child.

Dr. Richard A. Gardner coined the term “Parental Alienation Syndrome” (PAS) in 1985. Dr. Gardner found that a child subjected to continual negativity and manipulation by the Custodial Parent over an extended period of time against the other parent would eventually adapt the distorted view presented. At the end of the day, what the Alienating Parent fails to understand is that his/her selfishness makes his/her child the “victim” who pays a hefty price in lost self esteem.

Unfortunately, False Domestic Violence Allegations have become more common in Divorce / Child Custody Proceedings. Most Judges usually enter a restraining or protective order for the safety of the child and in too many cases an Accused Abuser Parent is guilty until proven innocent!

By Nacol Law Firm P.C. | Parent Alienation
DETAIL
Aug
29

Getting a Divorce? Should I Move Out of the Marital Home?

This is a complicated question to answer depending upon the facts of each case.  If you have experienced domestic violence you need to immediately do whatever is necessary to secure you and your child’s safety.  Many times a victim will go to court for a protective order and ask the judge to move the abusive or violent spouse out.  In this situation contact an experienced family law attorney now!

In most cases, absent of violence or risk of abuse, we would not suggest that a spouse move out of the marital residence.

Why is this?  One reason is once you have vacated the residence it may be very difficult to get back in! You have no legal obligation to leave the residence if your name is on the lease or mortgage personally and exclusivity.

Our suggestion to a client might be, to remain in the residence since the person who vacates may still have financial obligations and expenses of the family residence, while paying all expenses on a new residence for themselves. Double expenses are not a desirable result during the divorce process.

The higher wage earning spouse who moves out of the marital home must expect to continue to pay most of the household expenses, including the insurance and mortgage!  What about the personal property and furnishings in the residence?

If an agreement has not been made between the divorcing couple, the moving spouse will generally only be able to leave with personal belongings (clothing & jewelry) until a court rules fairly as to temporary possession.

Secure a court order ASAP to equalize property and household expenses.

By Nacol Law Firm P.C. | Property and Asset Division
DETAIL
Aug
28

Supervised Visitation Orders – How Texas Fathers can Return to a Standard Possession Order

I Have Been Ordered, Right or Wrong, Supervised Visitation with My Child –

How Do I Return to a Standard Possession Order?

In a perfect world, parents going through the divorce process work together for the best interest of their child(ren) and are granted possession of the child(ren) approximately fifty (+ or -) percent of the time.  However, issues such as severe parental alienation, drug addiction, mental or physical abuse, neglect, and severe mental illness may force a parent to petition the courts to order limited or supervised visitation.  On some occasions, a parent is regrettably ordered into supervised visitation due to false, inaccurate or misleading information.  Regardless of the circumstances, court ordered supervised visitation is costly, may substantially limit the amount of time a parent is allowed to spend with their child, and can create a difficult and costly transition into a standard possession order.

If the court has ordered supervised visitation seek proper counsel from a qualified attorney as soon as possible.  If a case, rightly or wrongly, has been established for supervised visitation by the evidence or circumstances or court order, you will need to build a case for reinstatement of standard or standard expanded possession as soon as possible.

During a supervised visit it is imperative that you keep any comments on the case to yourself. Avoid giving any opinions on the existing judgment or the supervised visitation order.  Within reason, limit your conversation to what is strictly necessary for the child to have a safe, happy and healthy visit. Be polite and courteous with the monitor even if you develop strong negative feelings regarding him or her.  Continue to enforce the importance of wanting and seeing your child and spending quality time with your child as much as possible.  Never, under any circumstances speak negatively about the other parent to or in the presence of the child or the monitor.  Never, use vulgar or abusive language toward or in the presence of the child or the monitor.  The visitation monitor may be an important asset at future hearings regarding a change from supervised visitation to a standard or expanded possession order.

Make every scheduled visit without fail.  If unable to make a scheduled visit, contact the monitor as soon in advance as possible with an appropriate explanation and request an alternative date.  Bring family members whenever possible and clear it with the visitation monitor prior to their attendance.  Bring cards and gifts, not only from you but from family members.  If visits are going well request off-site visits at a nearby restaurant or park.  Though visits may be costly, the more frequently you are observed in a loving relationship with your child the better the chance of supervised visitation being suspended or terminated all together.

Involve a psychiatrist or qualified counselor in your visitation schedule if at all possible.  Such professionals are key as you begin to build your case for standard possession since they are able to make suggestions to the Court as to how visits are progressing and the manner in which standard possession can be accomplished.

If you have been ordered to have drug or alcohol testing performed, take each test as scheduled and make certain you are free of drugs and alcohol.  A positive drug or alcohol test may place you back at square one and undermine your progress.

If a social study is ordered, dispose of any prescription drugs not needed or which are out of date and put away any alcohol in your home.  Make certain your home is clean and orderly when the evaluation is performed.  In such cases, a qualified professional will come to your home and evaluate the environment as it pertains to the best interest of the child.  If you have been ordered into supervised visitation because of drugs or alcohol it is imperative that these items not be sitting around the home when a social worker is performing his/her evaluation to avoid negative results or an  invalid conclusion.

Keep your child support current at all times! If the supervised visitation is placing a financial strain on your ability to pay child support, have an attorney address modifying your child support obligation in a Motion to Modify.  It is counterproductive to request unsupervised visitation if you are not current in your financial responsibility toward your child.

Some very important tips a non-custodial parent should follow on a supervised visit:

  1. Follow the schedule of your visits to the letter.  Never cancel except for dire emergencies!

  2. Always arrive on time.

  3. Focus totally on your children.  Don’t ask about the custodial parent or exchange information or be judgmental in your comments. This is your time with your children.

  4. Have a game plan on what you will do when talking and spending time with your children. Stay open to suggestion from your children on what they would like to do with you so everyone enjoys the visit.

  5. Talk with your children about what you are doing in your life. Ask about their activities and school, but don’t press for information. Let them know that you are interested in what they care about.

  6. Always keep your word. Don’t make promises that you can’t keep!

  7. Avoid talking about the custodial parent at all times, the divorce, and any court actions.  Keep all conversations light and positive.  This is your time for your children.  Use it to reconnect and enjoy each other.

  8. Do not criticize the custodial parent or make negative comments about the supervised visitation. This is all the time you have with the children.  Love, embrace and enjoy them every moment.

  9. You may not like it, but follow the rules set forth for the supervised visitation.  Respect the process and this may help to encourage the court to change your status to unsupervised visitation.

By Nacol Law Firm P.C. | Possession of Children
DETAIL
Aug
24

Divorce And Your Business: Who Gets What

In today’s unpredictable economy there has been a continuing growth of small businesses and a substantial decrease of existing established businesses in Texas. In the regrettable instance of “Divorce” how may the “Family Business” be divided between a dissolving couple to reach a fair and reasonable result for both parties?

In such a situation, an experienced Family Law Attorney with the aid of economic experts becomes critical in establishing a fair and equitable price on the business, consulting the client on their rights relative to the business, helping with negotiations for a business entity to be sold, transferred, or appraised, and making sure the client’s rights are protected in the transaction.

The most important fact to establish is a credible determination of the true fair market value of a business and how the business or the business assets are to be divided between the spouses in the divorce.

The dividable interest is determined by the fair market value of the business. This value is the price a willing buyer would pay and a willing seller would give in a purchase with both buyer and seller having reasonable knowledge of the relevant facts of the business and neither being under pressure to buy or sell the business.

During a Divorce, the concept of a credible hypothetical buyer and seller may be determative and very complicated. Going through a divorce is difficult enough, but fairly determining the true value of the business in the process can be complicated and sometimes expensive. There are always two different ideas in every divorce and the family business will bring out the some very serious opinions of just what is the “fair market value”! Ideas may range from too high in today’s economy to too low base on emotional attachments, complicated further by feelings as to possible other family members who own or claim parts of the business. The value placed on proposed purchases that are not part of an arm’s length transaction may not be relevant to the correct fair market value.

To help determine the fair market value and complete the transaction fairly for both parties the family law attorney must be able to obtain and review all business and financial records, financial statements and tax returns, and any other pertinent information for the preceding 5-7 years. Often an independent business appraiser or CPA will be retained to help in determining a credible and correct valuation of the business that a Judge or Jury will respect.

By Nacol Law Firm P.C. | Division of a Business
DETAIL
Aug
23

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

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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