Parent Alienation in Divorce

January 21st, 2014

In recent years, “parent alienation” has become more prevalent in divorce cases. Parent alienation is the dramatic change in the relationship between a parent and their child when the child is used as a tool by one parent to hurt the other parent. Parent alienation can include much more than brainwashing of a child. In many cases, the child becomes hostile towards the alienated parent as they are fed not just conscious, but subconscious and unconscious, messages by the alienating parent. Frequently, the child will turn on the parent they previously loved and were very close to prior to the institution of the divorce proceeding. In some cases, the alienating parent will go to extreme lengths to keep the alienated parent from seeing the child for long periods of time. Children begin acting out and the situation quickly becomes volatile.

When children are used in such a manner, emotions are quickly aroused and a very simple divorce case can quickly become a highly contested case fueled by resentment and hostility. Parents who are successful in getting primary custody of a child in a parent alienation situation share many similar characteristics and may use some of the following tools to assist them in their defense:

  1. Keep an even-temper, remain logical and keep your emotions under control. Never retaliate.
  2. Though you may think of giving up, never do so.
  3. Go to the financial expense of seeing the case through. Never give up on your child. There can be nothing more important than the happiness of your child.
  4. Seek help from a skilled attorney who has experience with parental alienation.
  5. Familiarize yourself with how the courts work and the laws as they apply to your specific case.
  6. Seek professional help and diagnosis.
  7. Request a social study into the circumstances of the child
  8. Request a psychological evaluation of the alienating parent
  9. Keep a chronology or diary of events (this will help to jog your memory, keep track of witnesses, etc.).
  10. Document the alienation for submission as evidence in court.
  11. Keep the best interest of the child at heart.
  12. Provide the Court with an appropriate parenting plan.
  13. Make sure you understand the nature of the problem and focus on correcting it, even though you are being victimized.
  14. Always call and show up for visitation with your child at the scheduled time, even if there is no chance of the child being there.
  15. Take witnesses to testify that the child is not at home when you exercise your visitation rights.
  16. Focus on the child, and never talk to the child about the other parent or the divorce case.
  17. Never violate the Court’s orders.
  18. If you are receiving disturbing phone calls from the child or the other parent, tape the calls.
  19. If you are receiving disturbing emails or text messages from the child or the other parent, make a copy and place in a file.

Though none of these tips will guarantee that you get custody of the child, they will definitely assist you in building a case against the parent who is attempting to alienate you from your child.

The Nacol Law Firm PC
Law office of Attorney Mark Nacol
Serving clients in the Dallas – Fort Worth Metroplex area for over 30 years
Tel: 972-690-3333

The Uniform Interstate Family Support Act

December 1st, 2013

If a child and one of the child’s parents live in Texas, a child support order or paternity determination may be established without the assistance of another state. If the parents have already had sufficient contact with Texas, the Attorney General of Texas may be able to enter an order even if the parents do not currently reside here. If another state’s assistance is needed the Uniform Interstate Family Support Act enables Texas and other states to cooperate to establish a child support order.

The Uniform Interstate Family Support Act permits only one active support order for a case at a time. This cuts down on delays and confusion. If several orders exist, the Uniform Interstate Family Support Act has rules to determine which order should be followed (the “Controlling Order”).

Orders may be registered in different states for enforcement and modification purposes. Orders registered from another state are enforced as an order issued by the responding state.

States now have more power to collect payments from child support obligors who live in other states. The Uniform Interstate Family Support Act allows states to enforce their orders without the assistance of the state where the obligor lives. In many cases, a withholding order can be sent directly to an out-of-state non-custodial parent’s employer, requiring that child support be deducted from the parent’s wages.

The order can be registered by the other (responding) state for enforcement, but it cannot be changed by that state. The responding state has the authority to pursue collection using enforcement hearings, license suspension and incarceration of the delinquent non-custodial parent if necessary.

Changes in circumstances, such as job promotions, prolonged unemployment or disability, may affect the noncustodial parent’s payment status in the years following the establishment of the support order. Such changes may justify a modification in the support order.

The Uniform Interstate Family Support Act sets the ground rules for modification based on the state issuing the order, the states of residence of the parents and children, and the controlling order. If either of the parents or the child still lives in the state that issued the controlling order, any change in the support amount must occur in that state.

If all parties involved have left the state that issued the controlling order, that state may not be able to change the support amount. To change support, the order must be registered for modification in the state of residence of the parent who is not seeking the modification. If more than one state has issued an order, and none of the parties lives in those states, none of the orders is controlling.

All of the orders should be registered in the state that has jurisdiction over both parties. That state will calculate the amount of support to be paid and will issue a new controlling order.

The Uniform Interstate Family Support Act also allows both parents to agree in writing that a state where one parent resides may modify the order and take control of the case.

Once a state properly modifies another state’s order, the new amount of support is the amount to be collected by all states.

Wise Decisions for your Divorce

June 1st, 2013

There are no winners in a divorce….. but one person can end up in a better post divorce situation,
if they make their decisions wisely.

Serving 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, Richardson, Rowlett and University Park, Murphy,Wylie, Lewisville, Flower Mound, Irving, along with surrounding DFW areas.