At 18 you can vote; Join the military without parental consent and buy a rifle or shotgun…but you are not an Adult for Mississippi law purposes.
MS Code § 1-3-21 (2025), defines [t]he term “infant,” when used in any statute, shall include any person, male or female, under twenty-one years of age.
Recent legislation died in committee trying to bring Mississippi in-line with every other state. Most states consider a child an adult when they attain the age of 18 or 19 if still attending high school.
There are some exceptions where a child can lose that status by joining the military, getting married, going to prison, or moving from home and working full-time. This is called emancipation.
So, Mississippi is unique for reasons that may not make us so special…
Matthew Thompson is a family law and child welfare attorney and has supported common sense changes in Mississippi family law and is still holding out hope that some may come to fruition…one day.
MS House Bill 1577 seeks to Stop knowingly false abuse allegations/reports.
2) (a) A report shall not be considered filed in good faith under this section when it is unsupported by credible evidence; and the person who filed the report intentionally submitted the report knowing it was false. Such report shall be considered a willful false report of child abuse.
(b) (i) Any person convicted of making a willful false report of child abuse under Section 97-35-47, shall be punished by a fine not to exceed Five Thousand Dollars ($5,000.00), by imprisonment in jail not to exceed one (1) year, or both.
(c) In addition to any fine and imprisonment, and upon a proper showing made to the court, the person may be ordered to pay restitution to the law enforcement agency and/or the Department of Child Protection Services for any reasonable costs directly related to the investigation of the false report.
(d) Violations of this section may be prosecuted by the state Attorney General, the Department of Child Protection Services, the county attorney of the county in which the child resides or the district attorney of the county in which the child resides.
SECTION 2. Section 97-35-47, Mississippi Code of 1972, is amended as follows:
97-35-47. It shall be unlawful for any person to report a crime or any element of a crime, including an allegation of child abuse or neglect, to any law enforcement agency or officer, the Department of Child Protection Services, or any officer of any court, by any means, knowing that the report is false. A violation of this section shall be punishable by imprisonment in the county jail not to exceed one (1) year or by fine not to exceed Five Thousand Dollars ($5,000.00), or both.
In addition to any fine and imprisonment, and upon proper showing made to the court, the defendant shall be ordered to pay as restitution to the law enforcement agency and/or the Department of Child Protection Services reimbursement for any reasonable costs directly related to the investigation of the falsely reported crime and the prosecution of any person convicted under this section.
A report is false under this section when it is unsupported by * * * credible evidence and the person intentionally submitted the report knowing it was false. Proof that the person who filed the report reasonably relied on credible evidence or credible information shall be a defense to a claim of willful false reporting under this section.
False reports unfortunately happen. False reports unfortunately are weaponized. Now, there are consequences that fit the crime.
Matthew Thompson is a child welfare attorney in Mississippi and has seen false reports of abuse end up in Court.
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.
Just one in a series of posts of some State Laws that are on the Books in Mississippi.
It is a crime to have a subsequent child out of wedlock in Mississippi.
MS Code § 97-29-11 provides that if a person, who previously become the natural parent of an illegitimate child …by coition within or without this state, shall again become the natural parent of an illegitimate child born within this state, he or she shall be guilty of a misdemeanor.
Upon conviction shall be punished by imprisonment in the county jail for not less than thirty (30) days nor more than ninety (90) days or by a fine of not more than Two Hundred Fifty Dollars ($250.00), or both.
A subsequent conviction shall be punishable by imprisonment in the county jail for not less than three (3) months nor more than six (6) months or by a fine of not more than Five Hundred Dollars ($500.00), or both.
**Provided, however, that for the purpose of this section, multiple births shall be construed to be the birth of one (1) child.
Matthew Thompson is a child custody attorney and recommends to not have multiple children out of wedlock.
Mississippi Law provides that you are entitled to your minor child’s records regardless of your Custody papers. This is regardless of the LEGAL CUSTODY and regardless of the PHYSICAL CUSTODY ORDER.
Miss. Code Ann., Sec. 93-5-26, guaranties non-custodial parent’s right to access to records and information pertaining to their minor child(ren).
“Notwithstanding any other provisions of law…access to records…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 rights have not been terminated by adoption or by termination of parental rights proceeding.”Id.
As a parent you have the right to this information by law. You can request medical records regarding your child’s health and appointments. You can get their school records, progress reports and grades. You are entitled to schedules, calendars and to know the events coming up.
Armed with this Statute and a smile, schools and doctor’s offices have no right to refuse you this information. But ask nicely. They are potential witnesses in the future!!
Matthew Thompson is a Child Custody Litigation & Child Welfare Attorney in Mississippi and wants parents to know their rights and fight for their right to…Parent!
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