Chancery Judges are some of the most powerful judges in the state.
A Mississippi Chancellor (Chancery Court judge) holds broad judicial power over cases of equity; including domestic relations (divorce, custody, child support), wills, estates, land disputes, and cases involving minors or persons of unsound mind.
They have authority to grant injunctions, punish for contempt (fines, sanctions and/or jail), and exercise these powers daily.
An ideal judge combines high intellectual capacity with exceptional temperament, impartiality, and integrity.
Key qualities include patience, legal expertise, active listening, courage, and the ability to act firmly yet with compassion, ensuring fair proceedings and timely, reasoned decisions that uphold public trust.
Fairness in justly applying the law to the facts is an oath Judge swear to do.
Showing respect to the litigants, the attorneys, and the witnesses is a must.
Being honest, patient and acting with integrity are prerequisites for any Judge.
In Mississippi, in most cases judges are elected. Most Mississippians never encounter a judge and don’t give much thought into who is judge.
I assure you who your judge is is critically important and impacts your rights to your child and your fights to your freedom.
There are judicial elections throughout the state this November.
Get involved. Educate yourself. Ask attorneys and persons that know the judge or have experience with them.
Want an honest assessment? (that’s only mildly biased) Ask me.
Matthew Thompson is a family law attorney in Mississippi and practices statewide and right now who your judge is can matter more than the facts or the law…and that’s potentially dangerous.
Hinds County Attorney, Bridgett Clayton, has qualified to run for Hinds County Chancery Judge!
“After much prayer and consideration, I am honored and excited to announce that I qualified for Hinds County Chancery Court Judge, District 5-3, on today.”
“I am ready to serve the citizens of Hinds County with God serving as a Lamp unto my feet and the Light unto my path as I seek election for this judicial seat to do justly, love mercy, and walk humbly before my God. Micah 6:8”
I am requesting your prayers and support during the campaign as well as on Election Day which is November 3.
Please be on the lookout for future campaign information. Thank You!
Matthew Thompson is a Chancery practitioner and knows-well the power, authority and responsibility that Chancellor’s have and the knowledge and wisdom they should possess. Attorney Bridgett Clayton has all of those qualities and then-some!
Please support Bridgett Clayton for Hinds County Chancellor!
It’s that time of year again. Proposed law/legislation is being kicked around by the State Legislature.
House Bill No. 11, proposed by Representative Arnold, seeks “TO PROHIBIT THE APPLICATION OF SHARIA LAW IN DIVORCE AND CHILD CUSTODY CASES; TO AMEND SECTION 11-63-1, MISSISSIPPI CODE OF 1972, TO CLARIFY THE PROHIBITION AGAINST USE OF SHARIA LAW IN COURT ORDERS.”
To date, this scribe is unaware of any Court’s using, applying or considering Sharia law in the State of Mississippi, as same would be contrary to the MS Constitution anyway.
Of interest, the Bill includes that a Mississippi Court “shall not enforce a foreign law that violates the Mississippi Constitution, any laws of this state, the United States Constitution, any laws or ratified treaties of the United States and the territories of the United States * * *.”
The Bill likewise bars enforcement of ” (b) Any order by a court, arbitrator, administrative agency or other adjudicative, mediation or enforcement authority that seeks to enforce foreign law in violation of paragraph (a) of this subsection (2) shall be void.”
So far, it’s basically saying MS Court’s will not honor foreign laws or Orders that violate MS law or Constitutional law or are based on factors contrary to MS law/US Constitutional considerations. Makes sense.
However, the Bill includes one other tidbit that could prove to have unintended consequences, “In Sections 11-7-301 through 11-7-309 “foreign judgment” means any judgment, decree or order of a court of the United States * * *. The term “foreign judgment” shall not mean or include any judgment, decree or order from any jurisdiction outside of the United States or its territories, or any judgment from another state or territory of the United States that applies law from a jurisdiction outside of the United States or its territories.
This last paragraph seems to invalidate any “foreign judgment” that was not secured within the U.S.
Why do you care? Is that foreign Adoption, which is a Judgment, valid?
That “foreign” quickie Divorce in Haiti or the Dominican Republic? Are they valid?
Up and until this Bill, Mississippi and the United States have routinely recognized foreign judgments IF they were obtained in a procedural and substantive manner consistent with that foreign entities jurisdiction and law. This is called Comity and it’s a necessary legal concept.
Does HB. No. 11 unintentionally seek to overturn Comity? I argue that it certainly may and that’s no laughing matter!
Matthew Thompson is a Family law attorney and has handled multiple matters that involve foreign decrees and clients from all over the world.
Basic Adoption Statutory law is being amended by legislation. The change is replacing essentially one word with another.
MCA 93-17-3 requires a certificate by a doctor or nurse practitioner stating the adoptive child’s health and mental condition. This provision does not require the adoptive child be healthy, but is instead required so the adoptive parent knows IF there are any health concerns; mental or physical.
The statutory change is replacing “doctor” with “physician.”
The word “physician” in the section means a person licensed under Chapter 25, Title 73, Mississippi Code of 1972.
MCA 25-73-1 holds that “Every person who desires to practice medicine must first obtain a license to do so from the state board of medical licensure…”,
So the law change requires the child be evaluated by a licensed physician or nurse practitioner. This change eliminates “doctors” that are not licensed physicians from doing these certificates.
So Ph.D.s and J.D.s, like myself, are now excluded, by law.
I wonder what happened to prompt this change. It seems common sense as to what the statute meant and required…
Matthew Thompson and Chad King are Adoption and Child Welfare attorneys in the State of Mississippi and have never contemplated submitting a Doctor’s Certificate merely because they hold a Juris Doctorate (Doctor of Jurisprudence). And, don’t call us Doctor!
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.
(f) The opportunity to communicate and collaborate, without threat of reprisal, with a department representative when further educational services are needed to ensure the child’s educational needs are met, including services such as an Individualized Educational Plan (IEP), tutoring, occupational therapy, speech therapy and after-school programs;
A foster parent has the right and the obligation to be involved in the education of the foster child. This is the nuts and bolts of educating a young person. From getting them to and from school, events and meetings to addressing tardies, absences, tests, quizzes and programs.
(g) The opportunity to attend all IEP meetings, along with the department worker, at the child’s school as long as the child is in custody and receiving special educational services;
The foster parent should be attending and has the right to attend Individualized Educational Plan (IEP) meetings and helping be a part of the progress and solution. This also means cooperating with the educational goals set by the Agency, school and teachers and NOT supplanting your own independent judgment for that of the School. Issues should be shared with the teacher and agency (social worker) and moved up the food chain if not addressed appropriately.
(h) The opportunity to communicate with the foster child’s guardian ad litem;
The GAL is the investigative arm of the Court and quasi-attorney for the child. They are tasked with interviewing the child, the parents, relatives, and others regarding the reason CPS is involved in the first place. It is NOT unusual for the GAL to not interview foster parents. All of the facts and circumstances giving rise to CPS involvement are not due to anything the foster parent did or did not do. Also, as the plan is almost always reunification in the first instance, the GAL is not too worried with how the licensed, state-approved foster home is doing…however, as a Foster Parent you have the opportunity to communicate and should if its involving the best interests of the child.
(i) The opportunity to attend all youth court hearings involving a foster child occurring while that child is placed in their care without being a party to the youth court action, unless the youth court determines that any foster parent should not be present. Foster parents may attend all youth court hearings and have legal counsel attend and observe with them if the child’s permanent plan is adoption by the foster parents, unless the youth court determines that any foster parent should not be present. Foster parents may communicate with the guardian ad litem in writing at any time. Foster parents may ask to be heard concerning the best interest of the child at any disposition or permanency hearing;
This one is tricky. It states you have the right to attend hearings and then creates caveats. First, the Court (the Judge) has to determine you may or may not attend. This is discretionary. Some judges allow the foster parent to attend and some do not. If are allowed to attend you may have counsel attend with you and OBSERVE. Did you get that? Observe. The FPBOR does not say you may participate and a foster parent is NOT a party.
This mean its possible for you to attend, but you may well not get to ask any questions or really be involved in the hearing. Alternatively, the judge may allow for participation if deemed necessary and in the child’s best interests.
If the permanent plan is adoption the Court is more inclined to allow attendance. Also, if its a disposition hearing or permanency hearing/review a foster parent may ask to be heard. This means you have the opportunity to address the Court. It also means you may be subject to questioning by the Judge, Prosecutor, GAL, parent(s)(or their attorney) and CPS-agency attorneys.
(j) When the dates of the permanency hearing and permanency review hearing have been set by the youth court, and if necessary to fulfill the notice requirements, the judge or the judge’s designee shall order the clerk of the youth court to issue a summons to the foster parents to appear personally at the hearings as provided by Section 43-21-501;
A summons is a Court-issued document for your required attendance to a hearing for a time and date certain. If summoned there could be consequences if you do not attend.
(k) The opportunity to request from the youth court permission to communicate with the child’s birth family, previous foster parents of the child, and prospective and finalized adoptive parents of the child, without the threat of reprisal. However, this right creates no obligation of the birth family, previous foster parents, or prospective and finalized adoptive parents to communicate in return;
This allows a foster parent the chance to get information, updates and the like or possibly even provide information. However, no response is required to any inquiry and there is no obligation on any of the above-named positions to do anything at all in response to the communications. This can be quite frustrating as you are merely trying to get an update or provide some helpful information for consideration.
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).
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