All posts by BowTieLawyer

Matthew operates the Thompson Law Firm, pllc. A Ridgeland, 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
Child Custody, Divorce

Labor Day and Visitation

2 Comments

With Labor Day approaching it is a good time to reflect on the contributions and achievements of American workers.  Those efforts are the reason we celebrate  Labor Day, and have since it became a Federal holiday in 1894.

Labor_day : Labor Day Design with the handoff worker holding the wrench Stock Photo

Labor Day is also a good reminder for paying attention to visitation issues.  It is extremely common in the divorce agreements that I prepare that the non-custodial parent receive additional time, more than the every other weekends that seem “standard.”  I often include that the weekend extends through the Monday holiday.  This gives that parent additional time with the child of uninterrupted visitation.

In fact, I have a schedule of all Federal and State Holidays and routinely have this specifically addressed in custody/visitation agreements.  There is almost one Monday holiday in every month.  These times add up and provide both parents additional welcomed time with the child and perhaps, even, a much needed break.  Pay attention to the details when ironing out the specifics in a custody/visitation agreement and make sure you address the other holidays and not just the “big” ones.

Child Custody

Hurricanes and Legal Custody

3 Comments

Legal custody is the decision making right regarding your child.

An article about legal custody and hurricanes posted during a hurricane, how clever. But cleverness aside it does raise a significant issue in legal custody…

palms-in-the-storm-100156365

Legal custody, most commonly joint, requires that each parent keep the other parent informed of the child’s goings on. This includes, but is not limited to their health, education and general welfare.It requires that parents communicate and cooperate, within reason, when it comes to making decision about the well-being of the child. (Even if a parent has sole legal custody the other parent still has the right to be informed about the goings on of the child and has the right to access school and medical records pursuant to Mississippi law, 93-5-26)

SEC. 93-5-26. Noncustodial parent’s right of access to records and information pertaining to minor children.

Notwithstanding any other provisions of law, except those provisions protecting the confidentiality of adoption records and except for cases in which parental rights have been legally terminated, access to records and information pertaining to a minor child, including but not limited to medical, dental and school records, shall not be denied to a parent because the parent is not the child’s custodial parent if such parent’s parental rights have not been terminated by adoption or by a termination of parental rights proceeding.

Legal custody includes sharing the status of the child’s well-being and location in emergency situations. Madison County Chancery Court requires specific language that states;

“IT IS FURTHER ORDERED that in the event of a threat, disaster, or other emergency, such as  a hurricane, which causes an emergency evacuation, any party who has custody of a mInor child (either physical custody or visitation) shall notify the other parent of the location and well-being of the minor as soon as reasonably possible.“

While this should be common sense, divorced parties and warring parents are not always known for exercising common sense.  So please let the other parent know that the children are safe, where they are and how to contact them. 

Stay safe and stay dry.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

black-bow

Divorce

The Court Can Bar you from Remarrying

Leave a comment

Mississippi has some interesting (read funny) laws.  I have previously blogged about Mississippi’s “Undivorce” statute, wherein previously divorced parties can legally undo the divorce.  Well, did you know that a MS Judge can also bar you from getting married again?

MCA, Section 93-5-25 includes language that in the event that the Court awarded a divorce against a party for adultery and in the Court’s discretion so decides, that the Court may bar the guilty party from getting married again for one year, requiring the guilty party to petition the Court, thereafter to remove the restriction.  I inquired with a local Judge if this had ever been invoked and while he had not, he knew of an instance years ago where it had been used against a serial adulterer.  So, not only can Mississippi Court’s divorce you and undivorce you, but in certain circumstances they can prevent you from remarrying.

MCA 93-5-25 holds, in part, “And the judgment may provide, in the discretion of the court, that a party against whom a divorce is granted, because of adultery, shall not be at liberty to marry again; in which case such party shall remain in law as a married person. Provided, however, that after one (1) year, the court may remove the disability and permit the person to marry again, on petition and satisfactory evidence of reformation, or for good cause shown, on the part of the party so barred from remarriage; but the actions of the court under the foregoing proviso shall not be construed as affecting any judgment of divorce granted in any case where the discretion of the chancellor has been exercised in barring one (1) party from remarriage on account of adultery.”

Divorce, Opinion

Don’t Get Overloaded

Leave a comment

Sometimes in life we bite off more than we can chew.  I recently had a week where I had a Court appearance every day that week, and all over the state to boot. Normally I do not schedule things like that, but sometimes it happens.  In a few instances I really don’t have control of my schedule.  Emergency issues happen and they have to be addressed (which one of these was).  A lot of times we put stress on ourselves unnecessarily due to what we are trying to do – seemingly too much.  Also, doing too much can make or personal life suffer. Well as it turns out, more often than not, you can handle it, but the stress and anxiety leading up to a maxed-out schedule is not worth the relief of having it done.

So what is the take away?  Don’t overload yourself, whether it be in your professional life or your personal life.  Make sure you are in control of your schedule, at least as much as you can be and make a concerted effort to that end.

In the end you may still have emergency issues arise, but you will be able to handle them and everything else that you had to handle by not overloading yourself. (Do as I say, not as I do.)

Matthew Thompson is a family law attorney in Mississippi and says don’t get overloaded.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@wmtlawfirm.com.

Opinion

Family Focused

Leave a comment

I am a family law attorney and one of the greatest lessons that I have learned is to be focused on your own family.  My mentor was/is Mark Chinn.  Mark is one of the best family law attorneys in the Country. He is smart, tough, knows the law and knows how to persuade. However, one of his best qualities is that he focuses on his own family.  I have worked with Mark for over 9 years.

During that time there was rarely an instance where he missed one of his children’s events or milestones; be it sports, school, or otherwise.  He made it a priority to be there and they knew it.

He would not let his schedule and other person’s issues – which could usually wait and rightly should-  interfere with his priorities,for all of the right reasons.  By focusing on your own family and keeping them in focus, you will stand a much better chance of avoiding someone like me, a divorce attorney. I hope you do. Image

Divorce

I am an Undivorce Attorney

3 Comments

In Mississippi it is possible to get Undivorced. I am not talking about remarrying the same person, but having your legal divorce – legally revoked.

Stuart Miles /freedigitalphotos.net

Upon satisfactory proof of reconciliation, the Court which granted the divorce may revoke the judgment of divorce.

§ 93-5-31. Judgment of divorce may be revoked

The judgment of divorce from the bonds of matrimony may be revoked at any time by the court which granted it, under such regulations and restrictions as it may deem proper to impose, upon the joint application of the parties, and upon the production of satisfactory evidence of their reconciliation.

http://www.jdsupra.com/legalnews/i-am-an-undivorce-attorney-35636/

Matthew Thompson is a family law attorney and has handled multiple undivorces.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew at 

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

black-bow