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.
Parental Alienation Syndrome : Warring Parents plus Child equals Combustible Family Situation
It has now been more than 20 years since child psychiatrist, Richard A. Gardner, introduced the term of Parental Alienation Syndrome (PAS). Dr. Gardner defined PAS as a disorder that arises in divorce or child custody disputes, when one parent deliberately damages, or destroys the previously healthy and loving relationship between the child and the child’s other parent. The main manifestation is the child’s own sudden or atypical campaign of denigration against the targeted parent without any justification.
Parental Alienation Syndrome is an evil, yet common and effective device for gaining custody of a child. Through systematic alienation, the alienating parent may slowly brainwash a child against the targeted parent. The alienating parent involved in these abusive behaviors usually gains misplaced and deleterious loyalty of the child.
The main problem with PAS is that the child actually participates in the denigrating of the alienated parent.
The main areas of denigration from the child are:
- The child supports and tries to protect the alienating parent.
- The child express the ideas of denigration of the target parent as his/her own idea.
- The child gives weak and absurd reasons for his/her anger towards the alienated parent.
- The child uses situations and scenarios that he/she could not have experienced
- The child uses foul and often atypical language and server behavior to denigrate the targeted parent.
- The child has no guilt over his/her cruelty towards the alienated parent and expresses hate for the parent.
Children who live in alienated family situations are usually unable to form healthy relationships with either parent.
Main areas of concern for these children impacted by Parental alienation are:
- Aggression and conduct disorder
- Disregard for social norms and authority, adjustment difficulties
- Emotional Distress, Anxiety, Depression, and Self Hate
- Lack of remorse or guilt
- Poor reality testing and unreasonable cognitive operations
- Low self- esteem or inflated self-esteem, Pseudo- maturity
Children displaying some or all of these symptoms need professional and legal help. Parental Alienation Syndrome is sometimes recognized by the courts but is very difficult to define and most cases requires bringing in County Social Services, Child Protective Services, and /or other family therapy professionals.
Your child desperately needs your help, no matter how bad the situation is. IT IS NOT THE TIME TO GIVE UP YOUR PARENTAL RIGHTS! Contact an attorney and discuss your options on how to help your child and moving forward to solve this legal situation.
Tis the Season for Filing for a Texas Divorce
Welcome to January, the Divorce Month of the New Year! After a bad holiday season, many people have made the decision to file for divorce. The most popular months for filing divorce in the United States occur in January through March.
Going through a Divorce is painful no matter what the circumstances. When you decide to start the Texas Divorce Process, make sure you are financially prepared. Financial planning helps you in making sound decisions and start to prepare for your post-divorce life.
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.
Financial Documents needed when preparing for a Texas divorce:
- Tax Returns (at least three years) or Tax Liens and all IRS related documents
- Wills and Trusts with all attachments reflecting corpus and trust holdings
- Listing of all liabilities (including mortgages, credit card debt, personal loans, automobile 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 - A Listing of all Real Property, address and location, including (includes time-shares and vacation properties):
-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)
-Current fair market value
-Appraisals - Motor Vehicles (including mobile homes, boats, trailers, motorcycles, recreational vehicles; exclude company owned):
-Year
-Make
-Model
-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 - 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
-Account Number
-Names on Account
-Company loans and documents related to benefits - A listing of separate property (property owned prior to marriage, family heirlooms, property gifted, inherited property):
-Records that trace your separate property. These assets will remain yours if properly documented - 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 - 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 - 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 - 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
-Possible hobbies or side businesses that generate income - 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 - Money owed by spouse (including any expected federal or state income tax refund but not including receivables connected with any business)
- Household furniture, furnishings and Fixtures
-photos
-purchase documents - Electronics and computers including software and hard drive
- Antiques, artwork and collectibles (including works of art, paintings, tapestry, rugs, crystal, coin or stamp collections) Other large collections need to be appraised! (Guns, quilts, action figures, books)
- Miscellaneous sporting goods and firearms
- Jewelry including appraisals
- Animals and livestock
- Farming equipment
- Club Memberships
- Safe deposit box items
- Burial plots including documents of ownership
- Items in any storage facility
- Travel Awards Benefits (including frequent flyer miles)
Domestic Violence and Intimate Partner Violence : Identify the Problem and Make it Stop!
Every day in the news on the internet, TV, and newspapers, we read how Domestic / Intimate Partner Violence affects women, men and children lives in very tragic ways. Many professional athletes have been exposed and many celebrities have professed their life changing experiences.
What is Domestic/Intimate Partner Violence? It is the willful intimidation, physical and sexual assault & battery or serious mental and verbal abuse perpetrated by one intimate partner against another.
The frequency and severity of domestic violence varies dramatically and may include physical or sexual violence, threats, and emotional abuse. The violence is often accompanied by irrational and controlling behavior and is intended to result in total dominance and control over the other intimate partner or the other family members.
Current Domestic / Intimate Partner Violence Statistics:
- Every 9 seconds in the US a woman is assaulted or beaten. Everyday more than 3 women are murdered by their intimate partners.
- 1 in 4 women will experience domestic/intimate partner violence in her lifetime. Women ages 18 to 24 are the greatest risk of being victims of domestic/intimate partner violence.
- Every year, over 3 million children witness domestic violence in the home.
- Children who live in domestic violence homes suffer high rates of abuse and neglect (30-60%)
- Intimate partner violence accounts for 15% of all violent crime.
The Worse Fact: Most of all Domestic /Intimate Partner Violence Incidents Are Never Reported! These Abusers are getting away with this abuse and can murder their loved ones at any time!
Legally, the abuser may be deterred from continuing this degrading, hurting behavior against his intimate partner and other family members. But these victims need help. Many times, the victims are so weak and beaten down mentally and physically that they cannot help themselves.
Look for warning signs of abuse in relatives, friends and neighbors. Remember: if you are a friend, be their friend. Do something to disclose the abuse and danger in their lives! You may save a life!
Boomer Prenups – Sign Now or Forever Hold Your Peace!
Baby Boomers are increasingly deciding to enter into prenuptial agreements prior to marriage to protect and manage their assets should they part ways through divorce.
What is a Prenuptial Agreement? It is a legal document that establishes in advance how property, assets acquired or received by gift during a marriage and family heirlooms passed from family members to one of the parties will be owned or divided in the event the couple should part ways.
Prenuptial Agreements have become very popular with Baby Boomers (born between 1946-1964) since they have on the average accumulated more money and assets and can afford to pay for adequate protection. Since 2006, 80% of Family Law Attorneys have seen a marked increase in couples who sign prenups, according to a survey sponsored by the Matrimonial Lawyers Group.
In the current financial crisis, with a 31% drop in home values and a 53% drop in stock portfolios, Boomers have been hit the hardest, which has accelerated the trend. Boomers have therefore become more cautious in holding on to their remaining current assets. Boomers are also blending homes and corresponding obligations. Prenups are becoming the Estate Planning Tool of the future!
Given Boomer age ranges, they are more likely to have been married and divorced multiple times. 4 out of 10 Boomers have experienced a divorce and by their 50th birthday, 27% have moved on to a second or third marriage.
So When Should Boomer Couples Consider Having A Prenup?
1. When significant assets are involved such as a home & property, retirement funds, stocks and bonds, or liquid assets.
2. When there are children of a previous marriage. The children’s interest, past and future, need protection since most states by law give the surviving spouse up to half of the estate.
3. When one spouse owns all or part of a business.
4. When one spouse is much wealthier than the other spouse.
5. When one spouse is much older than the other spouse.
6. When one spouse is supporting the other while he or she attain an educational degree.
7. When there is an inheritance involved.
When both spouses feel that the possibility of a divorce and expenses related to it are a bad idea and wish for a premarital binding understanding, what should they do?
1. Hire a qualified lawyer to prepare a fair and binding agreement according to their wishes and needs.
2. Make full disclosure of all property, financial accounts, debts, and assets involved.
3. Comply with requisite state laws.
If one acknowledges that nearly half of all marriages end in divorce, a prenuptial agreement can avoid a number of unnecessary expenses, reduce attorney fees, and avoid state mandated arbitrary divisions.
NACOL LAW FIRM P.C.
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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
