Planning for your 2024 Texas Holiday Visitation Schedule with your Children!
Now is the time to review your 2024 Holiday Visitation Schedule with your children.
Here is a reminder of the current Texas Family Law Code’s Standard Possession Order for the 2024 Holidays.
Texas 2024 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 2024 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.
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Nacol Law Firm P.C.
Dallas Family Law Attorneys
(972) 690-3333
Home Buyer Beware!
When a home is built the purchaser normally hires the services of a contractor to do the job efficiently, in a workman like manner, and within a specified time-period.For the first-time home buyer this can be a cumbersome task.It is important that contracts are reviewed carefully.
Many first time home buyers do not realize that some contractors use their own form contracts that mostly protect only the home builder should problems arise.These contracts can severely limit the rights of the purchaser.One such problem is the Mechanic’s Lien which, by law, will attach the buyer’s property to his contractor or potential subcontractor.
For every major contracting job that a contractor, subcontractor or supplier engages in, the law permits, subject to proper guidelines and rules, the filing of a mechanics lien on the property of the homeowner When a contractor hires a subcontractor or supplier, even though that subcontractor or supplier is under agreement with the contractor, under law, if unpaid and properly filed, a subcontractor may also attach a lien to the homeowner’s property in their own right. In some circumstances, despite the fact that the homeowner paid the contractor, should the contractor fail to pay the subcontractor or supplier, the homeowner may still be taken to court for enforcement of the mechanics liens and sale of their home to pay the lien(s).While the excitement of moving into a new home is something the buyer looks forward too, many home buyers are finding that they are moving into a home where the property has already been attached by Mechanics Liens.
There are several ways you can protect your home:
1.Hire a reputable contractor.
2.Ask for a detailed agreement.
3.Have the agreement reviewed and fairly modified by an attorney.
4.Incorporate specific deadlines.
5.Issue separate checks.
6.Comply with retainage law clause to acquire some level of relief if liens are filed.
7.Ask for receipts of payment.
8.Get lien waivers.
9.Make final payments and retainage payments only after physical receipt of all lien waivers.
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
My Kids have been hidden by my Ex! And I do not know where they are!
This is a “Never Want to Live Through” Scenario: After a family breakup or divorce, your kids are picked up by your Ex and they all disappear! Where are they? Are they in danger? Will I ever see my children again?
After you get over your shock, the main question you will ask is: What can I do to get my children back?
- Thinking clearly, you must respond quickly. Time is of the essence.
- Contact the police immediately. You need to tell them that the runaway parent may have taken the children without permission. Make sure that you have your certified legal court orders that pertain to your parental arrangement agreement concerning your children. It is important to be able to show the police the specific orders and how important it is to find the runaway parent and kids!
- Make a list of possible locations the runaway parent may have taken the children. This helps the police in their search.
- Contact a family law attorney immediately. After the runaway has occurred, there will be court intervention to prevent any further occurrences. Custody and supervised visitation issues will also need to be addressed.
If you were never married or divorced from the runaway parent, or if you have no legal court orders concerning or establishing custody and visitation rights in place, this could be a serious impediment in securing help to find your children.
At any time this could happen to you! If your legal position concerning custody and visitation with your children is in limbo, go secure a family law attorney and the help you need to protect your kids.
If a custody agreement is in place with the courts, it is legally binding. If the runaway parent violates the agreement terms, this parent is in violation of the law and will likely face some serious legal problems.
Many times, the runaway parent may take the children out of your area and may even cross state lines. This violation in your custody/visitation agreement could be considered parental kidnapping if the runaway parent moved without telling you the new residence of the child or without getting legal permission through the court to move or modify the custody order.
When the runaway parent and children are found, this is what could happen:
- Custody Arrangements will legally be changed by court orders. You will most likely be awarded protective orders or custody with the runaway parent receiving supervised visitation or no contact with the child.
- The runaway parent may also face criminal charges and jail time.
Winding Up of a Business Partnership in Texas
Many substantial businesses start with a handshake. This can be a good thing or a bad thing. Some million-dollar businesses in Dallas and Collin County begin when two entrepreneurs seek a common goal without proper legal documentation to protect their investments. When profitable, oral partnerships are created, but conflicts arise and it is important to know how to successfully terminate the oral partnership.
When irrevocable discord and conflict occur within the partnership it may be necessary to “Winding Up” and properly dissolve the relationship. Some of the triggering events are as follows:
- Expiration of the period of duration, completion of an undertaking, or occurrence of a specified event that requires winding up the relationship;
- Consent of the partners or the consent of the majority-in-interest partners where the partnership is at will;
- Judicial decree requiring the winding up of the partnership;
- The sale of all or substantially all the partnership assets outside the ordinary course of business; or
- Receipt of a partner’s request to wind up a partnership at will, unless a majority-in-interest partner denies the request or agrees to continue.
A partnership agreement can limit or set specific events which require a “winding up” and eventual termination. When the partnership begins the process of “winding up” all assets will be sold, and any creditors will be paid first, followed by partners who may also be creditors. Then the remaining assets are distributed to the remaining partners according to their capital contributions and other partnership interest.
If the partners can come to a mutual agreement to sell all the assets or simply agree to dissolve the partnership, then no judicial interference or assistance is needed. This is sometimes not the case. If a partnership becomes lucrative and litigation ensues, the dissolution of a partnership may be determined by litigation in a Dallas or Collin County legal proceeding, often a very costly proceeding. It is always important to talk to an experienced attorney prior to entering a business to determine your options and set up a business formation that is suitable for the needs of your business and all individual partners or investors from the onset. The initial legal expense to create a proper written rather than oral business structure may pay dividends in the long run, likely avoiding and time-consuming, costly litigation
If you are currently in a troubled or conflicted business partnership please call the Nacol Law Firm to help you in determining your options, rights and road to resolving the conflicts.
Julian Nacol, Attorney
Nacol Law Firm
Texas Senate Bill: Relating to the Powers and Duties of Texas Property Owners’ Associations
The Texas 87th Legislative Session of 2021 was an active one for Texas Planned Communities (POA/HOA) with a substantial amount of filed bills on the administration of Texas Planned Communities.
SB 1588: Effective September 1, 2021 – was the most important bill passed since multiple amendments were added to this bill including items from other failed bills. Attached are the most important changes passed in this bill:
- Architectural Review Committees & Appeals. Directors/Board Members, their spouses or other household members may not serve on architectural review committees. If an architectural modification request is denied, the denial must:
- Be provided in writing, including email
- Description for the basis of denial
- Must outline the owner’s right to appeal to the board
- Owners have 30 days to appeal, and the board has 30 days to hold a hearing. POAs must provide notice of the hearing (date, time and location) at least 10 days before the hearing date. Both sides have the right to continuance for not more than 10 days.
- Both parties permit audio recording, and the board may affirm or reverse the ACC/ARC decision
Exemption: POAs/HOAs still declarant control or with 40 or Fewer lots are exempt.
2. Violation Hearing Procedures.
- All covenant violation appeals are now made to the board only. The option to have a committee hear the appeal has been eliminated.
- Packets must be sent to the owner at least 10 days before the hearing with the evidence the association intends to introduce. Evidence can include documents, photos, communications, etc. Failure to provide this packet allows the owner the right to a 15-day postponement.
- At the hearing, the board will present its case first and the owner will have the chance to give information in response.
3. Collection Process Modifications-Effective Date: September 1, 2021
Collection notice letters (“209” notices) must now also provide an owner with 45 days to cure the delinquency rather than 30 days. Attorney fees incurred must be “reasonable”.
Before reporting delinquencies to credit reporting services, POAs/HOAs:
- Must provide notice to the owner, including a detailed report of delinquent charges owed
- Provide an opportunity for a payment plan
- Send a notice to the owner at least 30 days before reporting
- Cannot report disputed charges
- Cannot charge fees for the reporting
4. Board Meeting Notice Deadlines & Budget Restrictions-Effective Date: September 1, 2021
- Notice of any board must be provided at least 144 hours (6 days) in advance. Special meetings must have 72 hours (3 Days) of notice provided. Notices must be posted or emailed.
- The ability to amend an annual budget by less than ten percent outside of an open meeting has been eliminated. All budget changes must now be voted upon in open sessions during properly noticed meetings.
5. Bids required for 50K+ Service Contracts-Effective Date: September 1, 2021
Any service contracts for more the $50,000. Now require solicitation of bids under an established bidding process determined by the associations.
6. Justice Court Jurisdiction-Effective Date: September 1, 2021
An owner may now sue a POA/HOA for a violation of Chapter 209 in Justice Court. Note that justice courts in Texas have jurisdiction over civil matters in which the amount in controversy is not more than $20,000. Since bringing a civil suit in justice court can be on matters of less than $20k, more owners may choose to litigate with the association for Chapter 209 violations.
7. Religious Displays- Effective Date: September 1, 2021
Religious items may be displayed anywhere on the owner’s property without size restrictions. Previously, an owner could only display religious items on the entry of the dwelling and size restrictions applied.
However, an association may also adopt/enforce a policy that limits the activity if the display:
- Threatens public health or safety
- Violates a law other than a law prohibiting the display of religious speech
- Contains language, graphics, or any display that is patently offensive for reasons other than its religious content
- Is installed on property owned or maintained by the property owners’ association or on common property
- Violates a setback restriction or is attached to a traffic control device or fire hydrant
8. Swimming Pool Enclosures-Effective Date: September 1, 2021
A property owner’s association (POA) may not prevent an owner from installing a swimming pool enclosure on the owner’s property that conforms to applicable state or local safety requirements. A POA may enforce rules that govern the appearance of the enclosure; however, a POA cannot prohibit an enclosure that consists of black metal frames with transparent mesh panels.
A property owner’s association (POA) may not prevent an owner from installing a swimming pool enclosure on the owner’s property that conforms to applicable state or local safety requirements. A POA may enforce rules that govern the appearance of the enclosure; however, a POA cannot prohibit an enclosure that consists of black metal frames with transparent mesh panels.
9. Security Devices and Fences-Effective Dallas: September 1. 2021
Associations may not prevent owners from installing security measures like cameras, motion detectors, or perimeter fences on the owner’s property. However, associations may prohibit installing these measures in places other than the owner’s property and can regulate the type of fencing.
Exemption: Condominiums and mixed-use POAs are exempt.
10. Resale Certificate Fees – Effective Date: September 1, 2021
POAs may not charge more than $375 for a resale certificate and $75 for an updated resale certificate. In addition, certificates must now be provided within five business days (previously 7) after a second request is sent by certified mail. Failure to deliver the certificate within this time frame will subject the POA to liability for up to $5000 in damages in addition to court costs and attorney fees.
11. Governing Documents Must be Posted on the Website! Effective Date: September 1, 2021
POAs with 60+ lots or any POA under contract with a management company must post the current versions of the dedicatory instruments on their website and make them available to all its members.
To view the complete text of Senate Bill 1588 please click on this link.
Nacol Law Firm P.C.
Walnut Glen Tower
8044 Walnut Glen Lane #1190
Dallas, Texas 75231
NacolLawFirm.com
Call (972) 690-3333
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NACOL LAW FIRM P.C.
8144 Walnut Hill Lane
Suite 1190
Dallas, Texas 75231
972-690-3333
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Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization
