Based in Dallas, Texas, the Nacol Law Firm PC, traces its roots to the firm of Mark A. Nacol and Associates PC, established in 1979. The Nacol Law Firm team shares its experience on a variety of legal topics here. See our recent posts below.
During the Holiday season many Texas parents become very concerned over sending their child to the non-primary conservator parent’s home for a visit. Many Children will cross state lines to see their non-primary conservator parent and there is always a fear that the child may not be returned to his/her home state. What can you do if this does happen?
The State of Texas follows a uniform law regarding determination of appropriate state jurisdiction in custody matters known as the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and related statutes which enforce or set procedures regarding proper jurisdiction such as the Parental Kidnapping Prevention Act. Texas has adopted these statutes. The Uniform Child Custody Jurisdiction Enforcement Act defines which state has or may maintain jurisdiction in a particular case and often mandates that other states recognize decisions handed down by the state determined to have jurisdiction.
The Act states, among other things, that a court may rule on custody issues if the Child:
• Has continually lived in a home state for 6 months or longer
• Was living in the state before being wrongfully taken elsewhere by a parent seeking custody in another state
• Has an established relationship with people (family, relatives or teachers), ties, and attachments in the state
• Has been abandoned: or is safe in current state, but could be in danger of neglect or abuse in the home state
How can Continuing Exclusive Jurisdiction be lost?
1. When A Texas Court determines that neither the child, or a child and one parent have a significant contact with Texas, and substantial evidence is no longer available in Texas concerning the child’s care, protection, and personal relationships
2. Texas or another state determines that the child and the child parents do not presently reside in Texas.
What about Jurisdiction to Modify an Existing Order?
In the absence of temporary emergency jurisdiction, Texas cannot modify a child custody decision made by another state’s court unless or until a court of this state has jurisdiction to make an initial custody determination and one of the following occurs:
1. Another State determines it no longer has continuing jurisdiction or finds that Texas would be a more convenient forum.
2. A court determines that the child and the child’s parents do not presently reside in the other state.
What about Temporary Emergency Jurisdiction?
Temporary emergency jurisdiction is reserved for very extraordinary circumstances. The court has and may assert jurisdiction only when a child is present in the state and has been abandoned or is in need of protection because of a threat or subjected the child to mistreatment or abuse.
When involved in an international child custody case where the child has been abducted or is wrongfully retained, the issue may be determined if the International Child Abduction Remedies Act, 12 USC Section 11.601-11610, of the Hague Convention, is applicable. If so, The US State Department Office of Citizen & Counselor Services should be contacted or any attorney may file suit for return of the child.
These interstate jurisdiction cases are very intensive. Get to a knowledgeable interstate jurisdiction attorney and assert your rights quickly. Protect you and your child’s rights to have a normal child/parent relationship without the fear of abduction!
What is a narcissist? Narcissistic Personality Disorder or ‘NPD” is a mental disorder where the person has very inflated self-esteem issue and a serious need for admiration and special treatment from other people. Typical arrogant behavior and lack of empathy for other people causes many problems in all emotional areas of their lives and relationships.
Narcissists are also very aggressive and usually have impulsivity, dangerous lifestyles involving cockiness, selfishness, manipulatives and power motives. These individuals are usually very exciting personalities at first meeting, but later cause unfulfilling relationships resulting in anxiety and depression at the end of the day.
You have meet the “most exciting” person in the world who has self-esteem problems and can’t get along with anyone, including you! The big problem is you married this person and now you MUST FIND A SOLUTION TO THIS SITUATION AND GET A DIVORCE!
The marriage adventure is over. Your married life to your narcissist was a total disaster and you know that you need to get a divorce. Are you frighten that you could very well lose everything in this divorce from hell since you may lack the manipulating skills that your narcissist spouse skillfully uses on all aspects of his/her manipulative lifestyle?
Before you start the Divorce battle with your narcissist, you must “Stop Feeling and Start Thinking”! You have been emotionally battered and mutilated for years by this spouse, but now is the time to take over your life and your children lives and decide that Your family DOES NOT AND WILL NOT TAKE THIS ABUSE ANYMORE FROM YOUR SPOUSE!
Here are some tips on planning your exit from this marriage and Win control of your life and your family lives.
- BE PREPARED! If you are thinking of going through with this divorce, start your preparations now! You need total knowledge of your family’s financial situation. On our website you can pull off a blog “Texas Divorce Financial Checklist” (http://www.divorcedallastx.com/texas-divorce-financial-checklist/) which will give you a guideline on your financial information needed. Update this information immediately. Know who makes what and where all monies and assets are located. All banking and account information should be update for correct account numbers and balances. This will help you determine how much money you will need to live on and what you can plan on your part of the assets. This will also give you an idea on what funds you can use to hire a competent attorney to help you get through the divorce.
- RESEARCH PRIORITY ISSUES! Educate yourself on divorce issues, such as child custody and visitation, who gets the house, property separation, spousal maintenance and child support in your state. Prioritize what is important to you and prepare questions to ask an attorney on what your expectations should be. All or nothing does not work. Set Reasonable goals.
- START INTERVIEWING ATTORNEYS to find a good match to help you through this complicated divorce. Look for an attorney who deals with difficult family law cases concerning emotional/domestic abuse, high conflict individuals, or contested child custody. Even if you are served divorce papers, take your time finding an experienced attorney who will be your advocate in the divorce. DO NOT HIRE A NARCISSIST ATTORNEY! This would be a disaster!
- Help Plan your Divorce Game plan! No one knows your Narcissist spouse or family situation better than you. What arguments/facts will they come up with to hurt your position? Discuss your entire situation with you attorney and work together on your divorce approach. Your attorney will help you determine your final goals through experience from his previous experience in such matters.
- STAY REASONABLE AND TRY TO KEEP EMOTIONS STEADY! Don’t let your narcissist spouse turn you into a narcissist! You cannot win this way! Think logical, use true facts, and don’t go overboard financially battling with him/her. If this gets settled, goes to mediation, or ever a jury trial, if will be over and you will greatly improve your life.
You married a Narcissist and now you are divorcing him/her. You must be prepared knowing that your spouse will now be able to participation in the greatest show of their lives, “THE DIVORCE”. Your spouse will try to show what a horrible, ungrateful, unworthy person/parent you are and how badly you hurt your innocent victim/martyr spouse.
Irrelevant are your feelings and emotions. By thinking and planning your divorce strategy with a qualified attorney you will be prepared for battle and to live your life as you choose.
Remember the focal point of his/her narcissistic behavior is the fear of abandonment and threat to his/her self-worth. Be well-prepared for the battle ahead. The key is to not respond emotionally and let it drain you. Observe their behavior as a disorder, and don’t absorb it as a literal or personal attack on you.
If you mitigate for his drawn-out narcissistic rage and know that he may attempt to destroy you, you will less likely feel bullied or defeated. Be forewarned, you will be less victimized by something you expect.