Law Firm

Dec
01

Texas Fathers and Child Custody Cases – Time for Modifications or a Change?

The New Year is always a good time for personal changes and after another stressful Holiday Season with your kids and Ex, you have decided to make some serious changes in your child custody situation to stabilize the entire family. Mom is not helping and the children are seriously acting out.  What to do? What to do?

Maybe it is time to look at changing your child custody status with the children or at least modifying the current orders. Many changes have occurred in American Family Behavior and fathers are taking a more active role in their children’s lives.  The Pew Research Center has recently published some new research on today’s fathers with some important and surprising changes:

  • Fewer dads are the family’s sole breadwinner: dual income households are now the dominant arrangement (60%). Both mom and father must now be responsible for child raising and home chores.

  • Dad and mom roles are converging: fathers have taken on more housework and child care duties and moms have increased time spent at a paid job. There is definitely a more equal distribution of labor between mother and fathers in today’s world.

  • Fathers feel they spend more or as much time with their children as their fathers did when they were children

With the latest scientific research showing that a father’s involvement is essential to a child’s social, moral, and physical growth during the adolescent period, many state legislatures and family courts are now recognizing a father’s ability to care for his children as equal to the mother.  Courts are also looking at the more stable parent, who may have a better income and parenting plan in place for the child and is capable of providing a better home life and more quality time with the child.

Another reason for changing opinions regarding fathers’ rights child custody issues has been the high divorce rates and the affect it has had on the USA population life experiences.  Many adults have been raised in a divorced home with Mom as the main custodial parent. Now these adults are divorcing they want a different and better experience for their own children and their lives.

Things you want to consider as you prepare for your child custody battle are:

  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. Establish a detailed viable 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 (ren) 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 (ren).

  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, social networking sites, video tapes, texting, etc. that may help your case?

  12. Avoid unnecessary compromising photos, data on social networking sites, or texting!

Just Remember the five biggest mistakes men make in a custody suits are: 1) failing to respond to the legal action itself; 2) obtaining incorrect child custody legal advice (from friends and family rather than a legal expert); 3) signing a quick child custody settlement agreement while passions are high that is later deeply regretted; 4) failing to perform under the actual settlement agreement as signed; and 5) getting frustrated and/or acquiescing to unreasonable demands and orders.

Think smart when contemplating Child Custody Modifications, be prepared and get an experienced legal professional to help you accomplish your goals!

By Nacol Law Firm | Child Custody
DETAIL
Nov
20

Your 2021 Texas Holiday Visitation Schedule with your Children – Plan Now!

Now is the time to review your 2021 Holiday Visitation Schedule with your children.
Here is a reminder of the current Texas Family Law Code’s Standard Possession Order for the 2021 Holidays.

Texas 2021 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; The Holiday schedule will always override the Thursday or Weekend schedules.

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 even-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 odd-numbered years; The Holiday schedule will always override the Thursday or Weekend schedules.

The Holiday Season should be a happy family time. Many times, emotional issues from the result of the break-up affects a family which causes the joy of the season to be overshadowed by unhappiness and despair! 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.

Unfortunately, many parents may wait too long to confirm visitation plans for this upcoming holiday season with the current Covid19 Virus Pandemic issues. If you cannot reach an agreement regarding visitation or believe you may be deprived of holiday visitation by the other parent, now is the time to contact an attorney. Time is short and Courts are already starting to overload with future visitation problems for the 2021 Holiday Season.

The best gift a child can experience for the Holiday Season is an early proactive arrangement of all holiday plans between both parents. Everyone needs to know 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.

Call Us. We Can Help!

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

By Nacol Law Firm | Possession of Children
DETAIL
Nov
10

Warning Signs of Divorce – ‘Tis the Season to Know These Signs

As the holiday season approaches and all should be merry and bright, the black clouds are starting to gather for many married couples and families.  January is always one of the top months for divorce filings since many people want to change their personal life situations with the start of the New Year.  

Instead of receiving a knock on the door in January from a process server with your divorce summons, here are some Divorce Warning Behavior Signals to look for in your spouse that should not be Ignored. In the Nacol Law Firm’s Family Law Practice, I have placed the warning signals by priority from “something is changing” to “we are in serious trouble”:

  • Do you have a ”gut feeling” that there is a “defensive aura” between you and your spouse? The marriage is not going well, and your spouse is wanting to end the marriage. 
  • Has your spouse changed “their look and appearance” in relationship to you or other people? New clothes, new look, new friend? Maybe starting to detach mentally from your marriage? 
  • Possibly one spouse is now “very busy” and preoccupied with work, texting, private telephone calls with friends and long disappearing shopping excursions with unavailable contact. Maybe Someone does not want to be found? 
  • You and your spouse are now in a serious stage of “anger” and fight with each other constantly. Maybe a sign of divorce being a real option?  
  • Suddenly there is no fighting, no communication, and no caring between the partners in this marriage. Does anyone care anymore about the future of divorce for this marriage?
  • Money issues seem to start happening with changes in Bank amounts dwindling or new accounts being opened.  Credit/debit card amounts are rising as if someone is planning to embark on a new life after a divorce! 

If you are seeing two or more of these situations happening in your marriage, there may still be time to save this marriage. Start with meeting in a non-threatening location to talk about agreeing on making some major decisions on staying married or getting a divorce. If this is not possible in your current situation, suggest visiting with an agreed upon marriage counselor and try to work out serious problems in your marriage.  It is always worth a try for both of you and your family to try and save the marriage. 

Many times, one or both spouses are done with “us” and now want to be “me”.  If saving a marriage is totally impossible, then look for a knowledgeable family law attorney who can help you get through this terrible yet sometimes necessary experience. 

Nacol Law Firm P.C.
Dallas Fathers Rights Attorneys
(972) 690-3333
Walnut Glen Tower
8144 Walnut Hill Lane
Dallas, Texas 75231

By Nacol Law Firm | Prepare for Your Divorce
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
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

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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