Julian Nacol

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!



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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 P.C. | Protective Orders
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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 P.C. | Domestic Violence
DETAIL
Feb
22

Temporary Spousal Maintenance in Texas

In any Divorce case a father or husband should expect two attacks right out of the door. First, is paying for child support because most District Judges in Dallas, Tarrant, and Collin counties do not look favourably on 50/50 custody during temporary orders. Second, is paying temporary spousal maintenance to the wife.

Temporary spousal maintenance is essentially money that the Court forces a husband to pay his wife during the pendency of the divorce. Unfortunately, the District Judge has broad discretion in awarding the amount and duration of the temporary spousal maintenance. The temporary spousal maintenance is awarded based on considerations of both the degree to which the Spouse is destitute of means to pay for her necessities during the pendency of the suit and the ability of the Husband to pay.

Essentially, these considerations are determined by the Judge and if the Spouse has no job or means to support herself then, the Husband should expect a large percentage of his paycheck to go to the Spouse for the duration of the case. In many cases, if the Ex-Wife has the means to support herself, the Court will still award her spousal maintenance to some extent. The amount that the Court fixes as temporary spousal maintenance is likely permanent until the conclusion of the case and only appealable on mandamus. Usually, the appeal will cost more than paying the Spouse. Unfortunately, the Court uses temporary spousal maintenance to help settle cases by forcing the Husband to support both individuals of the party.

If you are seeking a divorce and have a job that provides well for your family, prepare to be attacked for child support and temporary spousal maintenance for the duration of the case. To mitigate the temporary spousal maintenance amount and seek 50/50 custody with your children, find an experienced attorney that can prepare you for the temporary orders. Temporary spousal maintenance is a tool the Court uses to equalize the estate and force a compromise. Divorce is a painful process and temporary spousal maintenance makes the process even more painful, but regrettably the burden primarily falls upon the Husband’s neck.

Julian Nacol
Nacol Law Firm PC

By Nacol Law Firm P.C. | Spousal Support
DETAIL
Feb
08

Trust Busting in a High Asset Divorce

One the most complicate and transparent ways an individual may defraud a spouse during a marriage is with the use of a trust.  A trust is an entity that separates equitable and legal title of all property or money placed within it. Prior to, during, or after marriage, a spouse may create a trust and name the children of the marriage or others, as the beneficiaries.  The spouse then may start siphoning community property and separate property into the trust removing the property from the community. This is a tactic commonly practiced when a spouse has failed to sign a pre-nuptial agreement.

Circumstances like this happen in High Asset Divorces because a trust may be used to protect properties from the other spouse. Attack the trust as a party of the case and request an accounting.  It takes an experienced lawyer to understand which trusts can be attacked and which trusts are impenetrable.

Trust busting consists of complex and arduous litigation depending on the circumstances. The circumstances of a trust are important in divorce cases. Here are a few questions you should ponder when assessing any trusts during a divorce:

  1. Determine when the trust was created;
  2. Determine if the trust is revocable trust  or irrevocable trust ;
  3. Determine who the beneficiary of the trust is;
  4. Determine who the trustee of the trust is;
  5. Determine who the settlor of the trust is;
  6. Determine the type of property or money that is placed within the trust; and
  7. Determine when the property or money was placed in the trust.

These are just a few inquiries you should make prior to meeting with your lawyer. It will save you time and money. Depending on the answers to the seven inquires stated above, an experienced lawyer may be able to bust the trust opening the property and monies for the final hearing in a divorce case. There are many defenses and unsettled law in connection with trust busting and an experienced attorney must be sought.

 

Julian Nacol, Attorney
Nacol Law Firm P.C.

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