Don’t Ask This Question.

There is a lawyer cliché to never ask a question that you do not know the answer to.

clown6.jpg

Asking that question may get you a self-serving answer that you did not anticipate.It may open Pandora’s box of bad evidence and a tidal wave of otherwise inadmissible evidence that now comes in. All because you asked a question you should not have asked.

In a custody case the opposing counsel called the child to testify.  This was a dispute between mom and dad and the other attorney wanted the child to testify about what she wanted, specifically where and with whom she wanted to live.  However, opposing counsel did NOT know what the child was going to say, but instead assumed it would be favorable to his client. After the routine introductory questions, the child was specifically asked,”If you had a magic wand and you could wave it and live wherever you wanted, where would that be?” After a few seconds of silence the child responded, “ A castle!” Fatal to the case? No. But not the answer the lawyer was looking for and it further helped prove positions that we had taken throughout the case regarding the child’s emotional maturity, an issue we believed worked in our favor.

Of course, sometimes it’s a critical issue and you have to ask the question. Tread carefully.

Another question not ask; When are you due?

Matthew Thompon is a Child Custody attoreny in Mississippi and tries not to ask questions that he does not know the answer to.

Follow the blog: BowTieLawyer Visit the websiteThompson Law Firm  You may also contact Matthew with your family law case, question or concern at 

(601) 850-8000  or Matthew@bowtielawyer.ms

 

Noncustodial Parents Have Rights

Unless your rights have been terminated by a Judicial proceeding, either via Termination and/or Adoption, you have rights.

parent rights

MCA § 93­-5-26 (click) provides that you, as a parent, have rights of access to records and information pertaining to your minor child(ren), including but not limited to medical, dental and school records and these shall NOT be denied to a parent because you are not the custodial parent.

Schools, doctors and dentists offices should take note of the above. Also, as a parent, you should be informed and have a copy of this statute  with you when seeking this information if the other parent is not forthcoming.

Follow the blog: BowTieLawyer Visit the websiteThompson Law Firm  You may also contact Matthew with your family law case, question or concern at 

(601) 850-8000  or Matthew@bowtielawyer.ms

Don’t Play Games 

It’s all fun and games until somebody gets hurt. 

            I’m not talking about playing with your children.  Too often I see adults playing games with the other parent’s time. It’s not a game. It’s not really even the other parent’s time. It’s the children’s. 

It is also painful when the lawyer is playing games too. Advocating for your client is not making it as costly and long as possible. It’s not arguing over everything. It’s not agreeing to one thing and then doing another. 

If this post sounds like you, it’s not too late to change. Be a decent parent. Be a decent lawyer. Be a decent human being. And if you are still going to play games, join a soccer team. 

Matthew Thompson is a Family Lawyer and is mildly irritated by people sometimes. 

http://www.BowTieLawyer.ms

(601)850-8000

Divorce, Child Custody & Child Support, Alimony, Contempt, Modification, Adoption and Appeals.

Follow

Get every new post delivered to your Inbox.

Join 2,791 other followers

%d bloggers like this: