Category Archives: alienation

Influencing Your Child (negatively) does NOT make you a good parent.

Little Johnny will say just about anything…

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Tears at the custody/visitation exchange are normal. Usually, 5 minutes after the exchange all is back to normal. The tears do not mean that they genuinely fear the other parent, or worse, or that they only want to be with just one parent.  They are a child.

As a parent of that child your primary responsibility should be to comfort the child! You should not make the situation worse by being pouty, confrontational or making statements that inflame the situation. You should not toy with the child’s emotion on whether they can stay just a  little while longer.

Instead you should fake happiness for the child that they get to spend time with the other parent.  For example, “Look Little Johnny, mommy is here. You and mommy are going to have so much fun and I’ll see you again real soon!” Do this while helping the child get in the car and make sure he or she has their stuff.  That’s it.

That’s how exchanges should go. If you, as a parent, are not helping, then you are the problem. Try to ease the anxiety for your child. Put your own selfishness aside and stop the hate of the other parent for about 3 minutes.

Getting your child to tell the other parent what “they” want, when we all know it’s really what you want is damaging as well. It’s not an accomplishment to get a child to say something. It’s easy. What apparently is not easy is being a decent human being. Try it. You may just have a happier child and a happier life.

Matthew Thompson is a Child Custody attorney and advises his clients to do the right thing and what is best for the child EVERY time.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

New Year, Same Bad Conduct.

Happy New Year? Rubbish…

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Oftentimes we think a new year is a new beginning, or at least it should be. But, alas, people will constantly disappoint you…

More Bad Parenting:

Refusing to allow the other parent to SPEAK to the child. Literally interfering with phone calls, turning the phone off and lying about not knowing why they “don’t ever call.”

Calling when you know they are unavailable. Well, at least you called, right? We know when they are at work, or driving through the dead zone between here and Mobile. Call then, don’t leave a message.

Waiting until you find out the plans the other parent made and then making your own to conflict with them being able to pick-up or drop-off and still keep their plans. How clever.

The Other parent finding out the child is on an out-of-town trip with another family after the child has left. Pay no attention to Joint Legal custody requirements. It’s all about your convenience. It was a free trip. Last minute even. Who has the time to inform the other parent?

Not giving them gifts from the other parent. They took the time, effort and thought to provide a present and you forgot it in the trunk and, well, that’s not your problem…

Not listing the Other parent on school and medical forms. That will show them. They are not a “real” parent.

Read about Terrible parenting here, being Terrible in general here and Rotten parenting here.

Matthew Thompson is a Child Custody attorney and warns that Judge’s don’t appreciate this garbage.

Follow the blog: #BowTieLawyer  #Thompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850- 8000 or Matthew@bowtielawyer.ms

Alienation of Affection; Sued for Sex…

Adultery may be considered a crime in Mississippi. It is defined as sexual intercourse with person of the opposite sex not your spouse.

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Alienation of Affection (AOA) is a separate claim, known as a common law tort.  A tort is a civil wrong, as opposed to a criminal wrong.  AOA is rooted in case law and provides an equitable remedy and its intent is to protect marriages.

AOA allows the wronged spouse to sue the “significant other” of the guilty spouse for the breakdown of the marriage.  There are only 6 states in the country that still recognize AOA, but Mississippi is one of them and in the 1990’s our  appellate Courts reaffirmed AOA as alive and well in the Mississippi legal system.

Alienation of Affection requires;

1) Wrongful Conduct (ie: adultery, though not required), 2) Loss of Affections, and 3) a Causal Connection be shown between the Wrongful Conduct and Loss of Affection.  All 3 must be present for a viable claim.  There is a 3 year statute of limitations in which to bring the claim, beginning when the loss of affection is finally accomplished.

*As an aside, North Carolina recognizes Alienation of Affection and a separate tort called “Criminal Conversation” which only requires proof of sex with a married person for the “significant other” to be liable for damages.  It does not require loss of affections, causal connection or even a real relationship.

So what is the take away here?  Just because you are not married does not mean you are free to have an affair.  You will  be a material witness in the divorce case, could be subject to criminal prosecution and stand a pretty good chance of getting sued.  And if you go to North Carolina, you better behave.

Matthew Thompson is a family law attorney that can handle your divorce or alienation matter and warns persons about visiting North Carolina.

Follow the blog: BowTieLawyer    

Visit the website: Thompson Law Firm

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