nacol law

Nov
20

Your 2023 Texas Holiday Visitation Schedule with your Children

Now is the time to review your 2032 Holiday Visitation Schedule with your children.
Here is a reminder of the current Texas Family Law Code’s Standard Possession Order for the 2023 Holidays.

Texas 2023 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. 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 2023 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 P.C. | Possession of Children
DETAIL
Nov
14

Unique Possession Orders that Work with a Fathers Profession

Many professions create impositions on conservators making a standard possession order inapplicable and unworkable. The Court may deviate from a standard possession order if the order is inappropriate or unworkable in reference to the schedules of both the conservators and the child. Unique professions and irregular school schedules for children allow the Court to have flexibility to deviate from a standard possession order that is in the Best Interest of the Child. There are multiple ways in which the Court may depart from a standard possession order to fulfill the needs of all parties involved with the custody of the child.

First, the Family Code § 153.254 states that the Court will be allowed deference to modify the standard possession order if work schedules of either conservators or the school schedule of the child is irregular. The Court must attempt to narrowly tailor the modifications to keep the new possession order as similar to the standard possession order as possible. This instance most commonly occurs when the Managing Conservator and the Possessory Conservator cannot reach an agreement and one of the two Conservators has a unique profession such as a firefighter, police officer, or airline pilot. The working hours of these jobs allow the Court to modify the standard possession order even if both of the parties do not comply with the changes. The modifications must be made only if it is in the Best Interest of the Child.

Secondly, the standard possession order may always be modified if it is by the mutual agreement of both the Managing Conservator and Possessory Conservator. Family Code § 153.007 is the Agreed Parenting Plan Statute and allows for both parties to agree on a standard possession order for the child. This statute was passed to promote amicability in settlement for child custody issues and to give flexibility to the parents if they are willing to agree on custody terms. The Agreed Parenting Plan must be in the Best Interest of the Child for the Court to approve. If the Court grants the Agreed Parenting Plan then the Managing or Possessory Conservator will have a remedy as a matter of law for any violation of the agreement committed by either party.

Finally, both Conservators may enter into a Mediated Settlement Agreement under Family Code § 153.0071. A Mediated Settlement Agreement is the only time in which the Court will NOT look at the Best Interest of the Child when granting the custody agreement.

The Mediated Settlement Agreement § 153.0071 must be:

  • In bold, underlined, and capital letters that the agreement is NOT REVOCABLE
  • Signed by Both Parties to the agreement
  • Signed by the lawyers (if represented) of each party

The Mediated Settlement Agreement is binding and not revocable so if the Conservators wish to go this route they must understand that what is in the agreement will be held as binding. This method can be used to modify or change a standard possession order and the Court will not look at the Best Interest of the Child regarding the agreement, unless there exists a credible threat of domestic violence.

These are the methods in which a unique possession order may be obtained to accommodate irregular schedules or working hours of both the conservators. Any possession order must be correctly drafted and all future contingencies must be accounted for. An experienced lawyer must be contacted to safeguard an individual’s custody rights of their children and to make sure that a fair custody arrangement is obtained.

DETAIL
Nov
13

Child Support: Gender Neutral Pro Rata Child Support Obligations

One of the most frequent inquiries we receive at The Nacol Law Firm is whether child support obligations are equally applied between Mothers and Fathers. When a parent is considering a divorce or a union break up with the child’s other parent, who pays for child support and medical/dental insurance for the child, for how long and according to what guidelines?

The State of Texas (Texas Family Code Ch 154) Sec. 154.001. SUPPORT OF CHILD. (a) The court may order “Either” or “Both” parents to support a child in the manner specified by the order: (1) until the child is 18 years of age or until graduation from high school, whichever occurs later; (2) until the child is emancipated through marriage, through removal of the disabilities of minority by court order, or by other operation of law; (3) until the death of the child; or (4) if the child is disabled as defined in this chapter, for an indefinite period.

The State of Texas child support laws dictate that children are entitled to financial support from both parents. Texas establishes child support guidelines to determine how much an average child will need. The guidelines provide for a basic amount of support to the parent who receives it based on the other parent’s income and number of children to be supported. However, there may be special circumstances that justify the court’s deviation from the standard amount of child support. Extraordinary expenses can be taken into consideration, including medical expenses or high childcare costs and other specific exceptions.

The State of Texas also supports that a Father and Mother should have the relatively equal rights to the child and should share in the child’s care and support. What does that mean? If Mom or Dad each have standard access and possession 50% of the time, then the Father and Mother should pay guideline support for the care of the child. Yes, Father and Mother.

With a substantial rise of mothers paying child support in the United States, many women are reevaluating their situations, when they find out Dad will not be paying all expenses and child support and be prorated when raising the child 50% of the time.  Today’s mothers are the primary breadwinners in four out of 10 U.S. families (Pew Research).

Texas statutes dictate specific Child Support guidelines and, like it or not, other than rare exceptions, neither parent can escape this obligation!  Many mothers will plea that they cannot work because of their obligation to the care of the child or will under-employ to try to escape paying their rightful share of the child’s support. But in today’s world many parents either share 50/50 time with their child or father may be the primary custodial parent.

If the mother refuses to pay court-ordered child support, there may be several enforcement options. A contempt of court action can hold the mother civilly or criminally liable for not obeying the court’s mandate. If found guilty, the mother may be required to post a bond equal to the amount of child support in arrearages or may have to serve time in jail for contempt. Other actions include suspending the mother’s driver’s license or professional license, intercepting tax refunds or federal payments, denying passports, placing liens on property and reporting the debt to credit bureaus.

CHILD SUPPORT GUIDELINES BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR:

  • 1 child 20% of Obligor’s Net Resources
  • 2 children 25% of Obligor’s Net Resources
  • 3 children 30% of Obligor’s Net Resources
  • 4 children 35% of Obligor’s Net Resources
  • 5 children 40% of Obligor’s Net
  • 6+ children Not less than the amount for 5 children

(3/5/2019 FAMILY CODE CHAPTER 154. CHILD SUPPORT https://statutes.capitol.texas.gov/Docs/FA/htm/FA.154.htm 20/47)

For more information on Texas Child Support Guidelines, please go to the Texas Attorney General Child Support Website at: https://csapps.oag.texas.gov/monthly-child-support-calculator

Mark Nacol
Nacol Law Firm 

Dallas TX 

By Nacol Law Firm P.C. | Child Support For Fathers
DETAIL
Sep
29

Divorce Checklist – Preparing your Finances for a Texas Divorce

Preparing for a Texas Divorce:  Assets

Going through a Divorce is painful no matter the circumstances. Before you get into the Texas Divorce Process, you can reduce expense, stress, and conflict by making sure you are financially prepared. Advanced planning helps you in making sound decisions, start preparing for post-divorce life, and avoid many post-divorce pitfalls. Below is a list of items you need to gather before counseling with an attorney. Financial Documents are a must to show what your true assets and liabilities are in the marriage. This is a very general checklist. Disregard what is not pertinent to your situation.

Documents:

  1. Taxes (at least three years) 
  • Federal Tax Return
  • State Tax Return
  • W2
  • Tax Liens
  • All other IRS related documents
  1. Wills and Trusts with all attachments reflecting corpus and trust holdings
  2. Listing of all liabilities (including mortgages, credit card debt, personal loans, automobile loans, student loans, etc.):
  • Name of entity, address, and telephone number
  • Account number
  • Amount owed
  • Monthly payment 
  • Property securing payment (if any)
  • Most current statements and account status of lenders (from last 3 years)
  1. A Listing of the address and location of all Real Property, (includes time-shares, vacation properties, commercial property, and lots):
  • Deeds of Trust
  • Notes including equity loans and second liens
  • Legal Descriptions
  • Mortgage Companies and Loan Servicers (Name, Address, Telephone Number, Account Number, Balance of Note, Monthly Payments) for all Primary and Secondary Mortgages
  • Evidence of purchase gift or inheritance documents
  • Current fair market value.
  • Appraisals
  1. Motor Vehicles (including mobile homes, boats, trailers, motorcycles, recreational vehicles; exclude company owned):
  • Year, Make, Model of all Motor Vehicles
  • Value
  • Name on title
  • VIN Number
  • Fair Market Value
  • Name of creditor (if any), address and telephone
  • Persons listed on debt
  • Account number
  • Balance of any loan and monthly payment
  • Net Equity in vehicle
  • Current statements from last 3 years
  1. Cash and accounts with financial institutions (checking, savings, commercial bank accounts, credit union funds, IRA’s, CD’s, 401K’s, pension plans and any other form of retirement accounts):
  • Name of institution, address, and telephone number
  • Amount in institution on date of marriage
  • Amount in institution currently
  • Names on Account and Account Number
  • Social Security Documents
  • Pension Documents
  • Company loans and documents related to benefits
  • At least 3 years statements on all pertinent accounts
  1. A listing of separate property (property owned prior to marriage, family heir looms, property gifted, inherited property):
  • Records that trace your separate property. These assets will remain yours if properly documented
  1. Retirement Benefits:
  • Exact name of plan
  • Address of plan administrator
  • Employer
  • Employee
  • Starting date of contributions
  • Amount currently in account
  • Balance of any loan against plan
  • Documents (Date of start of plan is especially important for divorce settlement)
  1. Publicly traded stock, bonds, and other securities (include securities not in a brokerage, mutual fund, or retirement account):
  • Number of shares
  • Type of securities
  • Certificate numbers
  • In possession of
  • Name of exchange which listed
  • Pledged as collateral?
  • Date acquired
  • Tax basis
  • Current market value
  • If stock (date option granted, number of shares and value per share)
  • Stock options plans and related documents
  1. Insurance and Annuities Policies and Inventory:
  • Name of insurance company
  • Policy Number
  • Insured
  • Type of insurance (whole/term/universal)
  • Amount of monthly premiums
  • Date of Issue
  • Face amount
  • Cash surrender value
  • Current surrender value
  • Designated beneficiary
  • Other policies and amendments
  1. Closely held business interests:
  • Name of business
  • Address
  • Type of business
  • % Of ownership
  • Number of shares owned if applicable
  • Value of shares
  • Balance of accounts receivables
  • Cash flow reports
  • Balance of liabilities
  • List of company assets
  • Hobbies or side businesses that generate income
  1. Mineral Interests (include any property in which you own the mineral estate, separate and apart from the surface estate, such as oil and gas leases; also include royalty interests, work interests, and producing and non-producing oil and gas wells:
  • Name of mineral interest
  • Type of interest
  • County of location
  • Legal description
  • Name of producer/operator
  • Current market value
  • needs leases or production documents related to the asset
  1. Money owed by spouse (including any expected federal or state income tax refund but not including receivables connected with any business)
  2. Household furniture, furnishings, and Fixtures
  • photos
  • purchase documents
  1. Electronics and computers including software and hard drives
  2. Antiques, artwork, and collectibles (including works of art, paintings, tapestry, rugs, crystal, furniture, quilts) All major collections always need to be appraised! (Cars, Guns, Jewelry, Coins & Stamps, Action Figures, and Books) 
  3. Miscellaneous sporting goods and firearms
  4. Jewelry including appraisals
  5. Animals and livestock
  6. Farming equipment
  7. Club Memberships
  8. Safe deposit box items
  9. Burial plots including documents of ownership
  10. Items in any storage facility
  11. Travel Awards Benefits (including frequent flyer miles)

You may decide to divorce or not, but it is very important to have all financial information before you enter into a Texas Divorce! This is a very general Divorce Financial Asset Checklist. Disregard what is not pertinent to your situation.  

After reviewing this list, you may also decide to go and review the Family Information FormThis form is basic information about you and your spouse. By the time you are looking at this, you will realize that you may not really know your spouse’s information.  You will need to know the correct information before filing for divorce in Texas.   

These two informational lists will prepare you with the basic financial information that any divorce attorney will need to get your divorce started. 

You can click on these links to download and print our Texas Divorce Financial Checklist and Family Information Form for a Texas Divorce

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

By Nacol Law Firm P.C. | Divorce Checklist
DETAIL
Sep
20

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 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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