Matthew operates the Thompson Law Firm, pllc, a Mississippi based Family Law firm emphasizing; Divorce, Child Custody, Child Support, Modification, Contempt and Appeals, handling family law cases throughout Mississippi.
(601) 850-8000 Matthew@bowtielawyer.ms www.BowTieLawyer.ms
A new bill in Mississippi will require Joint Physical Custody & EQUAL Parenting TIME, unless the Court finds a compelling reason not too…
Senate Bill 2484 requires that, “There shall be a rebuttable presumption that joint custody and equally shared parenting time is in the best interest of the child. If the court grants joint custody and equally shared parenting time, the court shall construct a parenting time schedule which maximizes the time each parent has with the child and ensures the best interest of the child is met.“
(ii) The presumption created in subparagraph (i) of this paragraph shall be rebuttable by a preponderance of the evidence. A court that does not award joint custody with equally shared parenting time shall document the reasons for deviating from the presumption.
(b) To calculate child support for joint custody with equally shared parenting time, unless the court determines a deviation from this paragraph is in the best interest of the child, the court shall:
(i) Calculate a child-support award under the guidelines of Section 43-19-101 for each parent as if each parent was the obligor;
(ii) Calculate the difference in the two (2) awards by subtracting the lesser award from the larger award; and
(iii) Order the difference in the two (2) awards to be paid by the parent who has the higher adjusted gross income to the parent with the lower adjusted gross income.
(c) Upon petition of both parents, the court may grant legal and/or physical custody to one (1) parent without documenting a reason for deviation.
This is a potential monumental change in child custody law, primarily the requirement for equal parenting time. If signed into law this does away with the every other weekend visitation schedule…
Additionally, it drastically changes the child support landscape and can have “mom” paying “dad” dependent upon the math.
This made its way through the legislature with little fanfare and virtually zero input from practitioners and judges.
Matthew Thompson is child custody attorney and believes children do best with both parents as involved as possible.
The sixth blog of a deep dive into the Foster Care World…this is the final post specifically regarding the Foster Parent Bill of Rights.
(q) The opportunity to develop confidence in making day-to-day decisions in regard to the child;
You are good enough…
(r) The opportunity to learn and grow in their vocation through planned education in caring for the child;
You will attend training seminars…
(s) The opportunity to be heard regarding agency practices that they may question;
This is interesting. The Judge may hear from you and they may not. Also, the chance to be heard regarding practices you may question does NOT mandate that you get answers or that anything happens as a result of you being heard.
(t) Information related to all costs eligible for reimbursement, including:
Some expenses are reimbursable.
(i) Reimbursement for costs of the child’s care in the form of a board payment based on the age of the child as prescribed in Section 43-15-17 unless the relative is exempt from foster care training and chooses to exercise the exemption; and
There are some hoops you have to jump through to get reimbursements.
(ii) Reimbursement for property damages caused by children in the custody of the Department of Child Protection Services in an amount not to exceed Five Hundred Dollars ($500.00), as evidenced by written documentation.
If the child damages your property you may be entitled to reimbursement.
The Department of Child Protection Services shall not incur liability for any damages as a result of providing this reimbursement.
Just because CPS is willing to reimburse up to $500.00 does not obligate them to that and certainly does not obligate the agency to anything more.
(12) The Department of Child Protection Services shall require the following responsibilities from participating persons who provide foster care and relative care:
Foster parents must do/adhere/abide by the following;
(a) Understanding the department’s function in regard to the foster care and relative care program and related social service programs;
Understand reunification is priority #1, placement/custody with a relative or fictive kin is #2, after that and depending on the circumstances a matter could include a TPR and adoption. This is a low percentage of the cases.
(b) Sharing with the department any information which may contribute to the care of children;
You have to share child welfare information. There are consequences for your license if you do not and it’s something that matters.
(c) Functioning within the established goals and objectives to improve the general welfare of the child;
This means cooperate in the permanent plan and concurrent plan, cooperate in visitation, child-related appointments and ultimately cooperate with CPS in every aspect. Cooperate even when you disagree or do not want to.
(d) Recognizing the problems in home placement that will require professional advice and assistance and that such help should be utilized to its full potential;
Acknowledge issues and seek out and ask for help. Do NOT minimize or cover it up in the hopes of “keeping” the child.
(e) Recognizing that the family who cares for the child will be one of the primary resources for preparing a child for any future plans that are made, including return to birth parent(s), termination of parental rights or reinstitutionalization;
You have a significant role. You are a successful foster parent if the permanent plan works!
(f) Expressing their views of agency practices which relate to the child with the appropriate staff member;
Don’t complain to the worker about the permanent plan. You of course could express legitimate concerns but you may have very limited to no information about the biological parent. Also, some case can take months or years. That child can be removed from foster care at any time.
(g) Understanding that all information shared with the persons who provide foster care or relative care about the child and his/her birth parent(s) must be held in the strictest of confidence;
Everything in Youth Court is TOP SECRET, it seems. You may have consequences for sharing information with persons you are not supposed to, which is essentially anyone other than CPS and persons that have a Court required obligation to be interacting with the child.
(h) Cooperating with any plan to reunite the child with his birth family and work with the birth family to achieve this goal; and
Cooperate. Cooperate. Cooperate. Natural parents have a fundamental right under the US Constitution to raise their child as they see fit. This will be honored unless and except it causes harm to the child. This is true even if you could provide a “better life” for the child.
(i) Attending dispositional review hearings and termination of parental rights hearings conducted by a court of competent jurisdiction, or providing their recommendations to the guardian ad litem in writing.
(13) The department shall develop a grievance procedure for foster parents to raise any complaints or concerns regarding the provisions of Section 43-15-13(11) or (12).
(14) Nothing in this section shall be construed to create a private right of action or claim on the part of any individual, the department, or any child-placing agency.
Matthew Thompson and Chad King are child welfare attorneys in the State of Mississippi. They have represented natural parents, foster parents, grandparents, other relatives, fictive kin, children and the Agency (CPS) throughout their decades of practice. (NOT all at the same time).
Courts usually grant custody to one parent or the other and the non-custodial parent exercises his time at places and locations he sees fit…
However, sometimes the Court needs an unusual solution to an unusual problem.
Consider the Birds Nest custody arrangement.
In a birds nest, the children stay in the “nest” aka the marital home and mom and dad take turns coming and going from the home.
During mom’s time she has custody to the children and the home, to the exclusion of dad.
During dad’s time he has exclusive custody of the kids and home and mom is excluded.
This is a good solution when the child has a unique need and having that structure of home base is in their best interest.
It’s also a viable solution when use of the home is needed by a party for work as the “home office” or tools of the trade are kept on the property.
This is not an often used remedy as it requires potentially 3 temporary residences, but can be an effective tool in the tool belt of solutions in limited circumstances.
Matthew Thompson is a child custody attorney and recommends the birds nest in unique cases.
(p) Support from the family protection worker or the family protection specialist in efforts to do a better day-to-day job in caring for the child and in working to achieve the agency’s objectives for the child and the birth family through provision of:
Read this as help, info and cooperation from the social worker/investigator.
(i) A copy of the “Foster Child Information Form” and all other pertinent information about the child and the birth family, including medical, dental, behavioral health history, psychological information, educational status, cultural and family background, and other issues relevant to the child which are known to the department at the time the child is placed in foster care prior to the child’s placement with a foster parent or parents. The department shall make reasonable efforts to gather and provide all additional current medical, dental, behavioral, educational and psychological information reasonably available from the child’s service providers within fifteen (15) days of placement. When the department learns of such information after fifteen (15) days of placement, the department shall communicate such information to the foster parent as soon as practicable;
This is the Right to be informed about your foster child; the good, the bad and the important.
(ii) An explanation of the plan for placement of the child in the foster parent’s home and the ongoing and timely communication of any necessary information which is relevant to the care of the child, including any changes in the case plan;
This includes the right to know what the permanent plan and concurrent plan for custody/placement are. You have the right to timely updates about any changes in this plan. Interestingly, one placement ends the foster parent does not have the right to know where the child is.
(iii) Help in using appropriate resources to meet the child’s needs, including counseling or other services for victims of commercial sexual exploitation or human trafficking;
Counseling services will be made available if deemed necessary. While you will be privy to confidential information regarding this, you must maintain that confidentiality.
(iv) Direct interviews between the family protection worker or specialist and the child, previously discussed and understood by the foster parents;
You can learn about the info exchanged in in-person interviews between the child and the agency.
(v) Information regarding whether the child experienced commercial sexual exploitation or human trafficking;
You will be provided information if applicable, but also asked to hold this in strict confidence.
(vi) Information related to the Healthy, Hunger-Free Kids Act of 2010. Foster parents shall protect the confidentiality of the child by working directly with a designated school official to complete the application for free lunches.
The Healthy, Hunger-Free Kids Act of 2010 authorized funding for federal school meal and child nutrition programs and increased access to healthy food for low-income children. The bill that reauthorized these programs is often referred to by shorthand as the child nutrition reauthorization bill.
Matthew Thompson and Chad King are child welfare attorneys in the State of Mississippi. They have represented natural parents, foster parents, grandparents, other relatives, fictive kin, children and the Agency (CPS) throughout their decades of practice. (NOT all at the same time).
Getting divorced allows the Government into your life!
Getting divorced happens. It can be relatively easy or it can be one of the most difficult times of your life. However, the impact can also last a lot longer than the few months or the few years of the litigation.
The Court has the authority to make you pay child support. And in Mississippi, that can last until the child turns 21. The age is NOT 18 and it cannot be, even by agreement.
Additionally, the Court could make you pay for college, even beyond age 21.
The Court can make you pay for health insurance and non-covered medical expenses, like co-pays, prescriptions, dental, vision, and all out-of-pocket expenses.
The Court can make you pay for extracurricular activities; sports, dance, cheer and scouts. The Court can make you pay for daycare, after care, summer care and school expenses.
Cars, cell phones and private school expenses are usually not Ordered but under certain circumstances the Court could.
The Court can obligate you to hundreds and even thousands of dollars $$ per month that are to be paid or you might even go to JAIL!!
Interestingly, we really don’t contemplate any of these potential obligations when we get married…
Matthew Thompson is a child custody and child support attorney in Mississippi.
Adoption is a legal process whereby a person assumes the parenting of another, usually a child, from that person’s biological or legal parents. This permanently transfer all rights, obligations and responsibilities, along with filiation, from the biological parents to the adoptive parents.
Numerous Mississippi children are eligible for adoption right NOW. The Mississippi Dept. of Child Protection Services maintains a list of children legally free for adoption in its Heart Gallery.
Children of all ages, races, backgrounds and situations are eligible for adoption. Some of the children have special educational, emotional, or medical needs. While this information is confidential and does not appear in the children’s descriptions, it will be provided to qualified adoptive placements well prior to any adoption finalization. More detailed information about the child will be shared with interested families as they continue the matching process.
If you are interested in a child featured on the Mississippi Heart Gallery, you may request additional information and inquire about the availability of the child by clicking the child’s bio and completing the inquiry form, emailing the Adoptions Team, or calling the Heart Gallery hotline at (601) 359-4133.
This inquiry will be forwarded to the child’s worker for review and consideration based on the unique needs of the child.
A child eligible from the Heart Gallery could be adopted as soon as a proper match and good fit is established.
Matthew Thompson and Chad King are child welfare and adoption attorneys in the State of Mississippi. They have been a part of hundreds of adoptions in Mississippi throughout the State.
Why I didn’t text you back: ○ I was asleep ○ I was driving ○ I was ghosting you ● I saw your text and told myself that I was going to respond, but I wanted to finish what I was doing first… After that, I got side-tracked and went to do something else and completely forgot your text even existed because I was doing ten thousand things at once until I went to text you days or even weeks later about something completely different.
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