fathers rights

Jan
02

Delinquent Child Support in Texas = Denial of Motor Vehicle Registration Renewals

December 2016 the Texas Department of Motor Vehicles will start denying motor vehicle registration renewals for parents who have gone at least six months without making a child support payment. The law applies to Office of the Attorney General (OAG) child support cases.

The OAG also has the authority to bar the renewal of professional, recreational and handgun licensed of parents behind on child support payments.

Delinquent Parents will receive a notice from the Department of Motor Vehicles and a letter from the attorney general’s office about two months before their registration is set to expire.

Once parents receive a notice, they must agree to a payment plan with the Attorney General’s child support division before they will be able to renew their registration.  This law only applies to motor vehicle renewals.  New vehicle purchases are not affected.

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Jul
08

Domestic Abusers – Know the Serious Warning Signs!

Domestic Violence is a very hot topic now. Major personalities from government, business, entertainment, sports, and religious sectors are protesting Domestic Violence and working to help create stronger laws to protect the victims of such violence.  

If you are a Victim of Domestic Abuse, you must fight back! No one has the legal right to physically, mentally, or verbally abuse another individual!  If you are a relative, friend or acquaintance of a potential victim or victims, please look for warning signs of abuse being committed on these people, asset legal defense on this conduct, and report your findings to the police.  

Often victims are so mentally and verbally abused, they do not have the strength to defend themselves or their family. Truly be a friend and help to protect their lives by reporting any fact based suspicion of abuse to the proper authorities.

Some warning signs to look for in an abuser or a potential abuser’s conduct in a relationship:

Push for Quick involvement

A victim often has known or dated the abuser for a brief period of time before getting engaged or living together. The abuser pressures the victim for an exclusive commitment immediately.

Jealousy & Controlling Behavior

An abuser will equate jealously with love and controlling behavior to concern for the victim. The abuser becomes jealous of time spent with others. The abuser may call the victim frequently during the day, drop by unexpectedly, refuse to let the victim work, check the car mileage, or ask friends to watch the victim. As the behavior progresses and the situation worsen, the abuser may assume all control of finances or prevent the victim from coming or going freely.

Unrealistic expectations

An abuser expects the victim to be the perfect partner, and to frankly, without error, meet his or her every need.

Isolation

An abuser will attempt to isolate the victim by severing the victim’s ties to outside support, relationships, and resources. The batterer will accuse the victim’s friends and family of being “trouble makers.” The abuser may block the victim’s access to use of a phone, car, and also discourage the victim from working. No outside contact with the rest of the world.

Playing the Victim

An abuser will blame and project upon others for all problems shortcomings. Someone is always out to get the abuser or is an obstacle to the abuser’s achievements.

Blames others for feelings

An abuser will use feelings to manipulate the victim. Common phrases to look for: “You’re hurting me by not doing what I want.” “You control how I feel.”

Hypersensitivity

An abusive person is easily insulted, claiming hurt felling when he or she is really mad.

Cruelty to animals or children

This is a person who punishes animals brutally or is insensitive to their pain. The abuser may also expect children to perform beyond their capability and use physical force if a child cannot comply. 65% of abusers who beat their victims will also abuse children.

“Playful” use of force in sex

This behavior includes restraining partners against their will during sex, acting out fantasies in which the partner is helpless, initiating sex when the partner is asleep, or demanding sex when the partner is ill or tired. The abuser may also find the idea of rape exciting.

Verbal abuse

Constantly criticizes or says cruel things, degrades, curses, or calls the victim bad names. Sleep deprivation could be involved with relentless verbal abuse.

Rigid sex roles

The abuser will expect the victim to serve, obey and remain home to serve on the abuser

Sudden Mood Swings

Explosive behavior and moodiness, which can shift quickly from sweet to violent in minutes.

Past battering

An abuser will beat any partner if the individual is involved with the abuser long enough for the cycle of abuse to begin.

Threats of violence

This consists of any threat of physical force meant to control the partner. Most people do not threaten their mates but an abuser will excuse this behavior by claiming “everyone talks like that.”

Physical force during an argument

This may involve an abuser holding down the victim, blocking escape routes and physically restraining the victim from leaving, pushing or shoving. Holding someone back in order to make demands, such as “You will listen to me!” is also a show of force.

By Nacol Law Firm | Domestic Violence
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Jan
19

Termination of Parental Rights Limitations in Texas

There are times in life when unintentional pregnancy occurs in the context of fatherhood. There are times when an individual believes he is a father but in the distant future discovers that he is not the genetic father of the child. If a divorce results from this union the man that is not the genetic father of a child may not wish to pay child support for this child for up to 18 years. In these circumstances, a man may wish to terminate his parental responsibilities to the child to avoid paying child support on the child that is not his generically.

Under the Texas Family Code 161.005, a father may terminate his parental rights to a child if (1) he is not the genetic father and (2) a signed acknowledgment of paternity or the father failing to contest parentage of a child was due to a mistaken belief that the man was the genetic father of the child based on misrepresentations that led him to that conclusion.

Basically, the man must not be the genetic father and he must have been deceived by misrepresentations made by the mother or other family members in order to successfully prevail in a termination suit. The man wishing termination must file the suit within two years from first becoming aware that he is not in fact the genetic father of the Child. The importance of this two year limitation is that that it begins when “the man first becomes aware that he is not the genetic father of the child”. This means that a man may be adjudicated and considered the father for ten years but after he discovers or becomes aware that he is not the genetic father of the child he will have an additional two years to file suit and terminate his parental rights.

There are certain limitations under Family Code 161.005 that will not allow a man to terminate the legal relationship. These are:

  1. The man is an adoptive father;
  2. The child was conceived by assisted reproduction and the man consented to assisted reproduction by his wife under subchapter H, Chapter 160, or
  3. The man is the intended father of the child under a gestational agreement validated by a court under subchapter I, Chapter 160.

These three areas of adoption, assisted reproduction, and signing of a gestational agreement will prohibit a man from terminating his parental right or attempting to release himself from the responsibility of being a father, which includes child support.

In most instances a man will bring a termination of parental right because he has been misled into believing that the child is his when in actually the man is not genetically related to the child at all. The parental termination will end child support for minor children that are not genetically related.

A parental termination suit should not be filed before careful thought since it will terminate any rights the man has to the child and most importantly the man will relinquish his right for visitation access and decision making. If you are desiring to terminate the parental rights of a child you should contact an experienced lawyer to ensure that you qualify and that the suit proceeds as smoothly as possible allowing the court to make a ruling that favors your termination.

By Nacol Law Firm | Parental Rights
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Jan
12

Standard Possession Orders in Texas

The possession order for both mother and father in any divorce must be in the Best Interest of the child and the Court has specific guidelines it must follow if both parents refuse to agree to custody arrangements. The Managing Conservator has primary custody of the child and the Possessory Conservator has visitation but is not the primary custodian of the child. The guidelines set forth by the Court regarding custody for parents living 100 miles or less of each other and parents that reside over 100 miles from each other are listed in the Family Code § 153.312 and § 153.313.  

Family Code § 153.312 Standard Possession Order, regarding parents who reside 100 miles or less of each other, states the Possessory Conservator will have the following rights:

  1. Have custody of the child throughout the beginning of the year at 6 p.m. on the first, third, and fifth Friday of each month and ending at 6 p.m. on the following Sunday.
  2. On Thursdays of each week during the regular school term beginning at 6 p.m. and ending at 8 p.m. unless the Court finds this is not in the best interest of the child.
  3. Custody of the Child for 30 consecutive days during the summer but the Possessory Conservator will be required to give written notice to the Managing Conservator by April 1st of each year specifying the extended period of possession for the summer. If Possessory Conservator does not give written notice on April 1st, then the Possessory Conservator shall have access to the child from 6 p.m. July 1st to 6 p.m. July 31st of each year.

Family Code § 153.313 Standard Possession Order, regarding parents who reside over 100 miles from each other, states the Possessory Conservator will have the following rights:

  1. Have custody of child throughout the beginning of the year at 6 p.m. on Friday of the first, third, and fifth weekend of each month and ending at 6 p.m. that Sunday. The Possessory Conservator may also elect an alternate weekend if he/she gives a 14-day notice either written or telephonic to the Managing Conservator.
  2. The visitations on Thursdays nights are not mandated under this section due to the distance between the two parents.
  3. Custody of Child for 42 consecutive days during the summer but the Possessory Conservator will be required to give written notice to the Managing Conservator by April 1st of each year specifying the extended period of possession for the summer. If the written notice is not given then the Possessory Conservator shall have access to the child from 6 p.m. on June 15th to 6 p.m. July 27th.

The Court shall follow these guidelines unless it is NOT in the Best Interest of the child. These guidelines are needed because of the contention between both parents and the common inability to find a middle ground when it comes to custody of a child. The Court may deviate from these standard Guidelines but only if a parent can prove by clear and convincing evidence that it is in the Best Interest of the Child. If these guidelines are unworkable because of the child’s schedule then the Court will make exceptions but attempt to keep the custody arrangements as close to the guidelines as possible. Custody issues can be vexing and straining on both parents. To ensure you receive a fair outcome to see your child, it is wise to seek an experienced attorney to ensure that the sacred right to see your child is not infringed.

By Nacol Law Firm | Possession of Children
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Cohabitation & Domestic Partnership Agreements in Texas for Boomer & Senior Couples

Premarital and post-marital agreements in Texas have a complex history immersed in the community property presumption, the state constitution, statutes and case law. Originally, such agreements were found to be unenforceable. But with amendments to the Texas Constitution, evolving statutes, recent case law, and improved draftsmanship, such agreements are now enforceable under contract law.

For many Boomer and Senior couples, living together is a precursor to marriage; for others because of family issues or commitments, there is no intent to ever marry. The simple fact is, domestic partnership agreements address a wide variety of circumstances, many involving established adults who want to be together but because of prior financial and family commitments prefer to have an applicable contractual agreement for their legal needs.

Many couples choose to live together so they do not lose certain benefits under current rules of social security, military and insurance disability programs, or to stop those benefits from being taken away from their children. In other cases, couples who are divorced, and who may have children, may want to protect certain assets. In situations such as trust funds or inherited funds, beneficiaries simply do not want to place family money at risk. Other couples choose to shelter their own resources from the real or perceived obligations of their partner.

The marital agreement is considered to be a contract under Texas law. The premarital agreement must be in writing and signed by both parties. No actual consideration is required; however, to conform to contractual law, it may be wise to provide benefits for the non-monied party to avoid a later finding of unconscionably, particularly if the financial or physical condition of the non-monied party under the agreement is poor.

Matters that may be dealt with in a premarital agreement include, but are not limited to, the following:

  1. the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
  2. The rights and obligations of each of the parties in any of the property of either or both of them whenever or wherever acquired or located;
  3. The disposition of property on separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
  4. The modification or elimination of spousal support;
  5. The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
  6. The ownership rights in and disposition of the death benefit from a life insurance policy;
  7. The choice of law governing the construction of the agreement; and
  8. any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

In post-marital agreements, it has been noted that a fiduciary duty exists that is not present in pre-marital agreements between spouses or prospective spouses. Case law states that a confidential relationship between husband and wife imposes the same duties of good faith and fair dealing on spouses as required of partners and other fiduciaries. However, adverse parties who have retained independent counsel may not owe fiduciary duties to one another. Texas Legislature enacted Section 4.105 with the understanding that married spouses owing fiduciary duties to one another would negotiate and execute post-marital agreements. Notwithstanding these duties, the legislature manifested the strong policy preference that voluntarily made post-marital agreements are enforceable.

Beside a Cohabitation and Domestic Partnership Agreement, what other documents should you supplement for a more complete legal coverage?

  • A will with a designated executor to handle execution and distribution of all assets
  • A durable financial power of attorney
  • A durable medical power of attorney, directive to physicians, and a HIPPAA release form
  • Partnership agreement to set out and clarify property rights, define ownership and related issues upon dissolution

Cohabitation, domestic partnership, premarital and post-marital agreements may be as creative as a party determines necessary. However, care must be given to see that such agreements protect the party, keep with public policy, and adhere to current Texas family law and applicable contractual law.

By Nacol Law Firm | Texas Prenuptial Agreements
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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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