Category Archives: Child Custody

Child Custody, Divorce, General Legal, Irreconcilable differences

Two Family Law BILLS Died in Committee

04/30/2024 BowTieLawyer Leave a comment

Mississippi legislation kicked around 2 significant ideas for changes in Family Law. Both failed to become law in the State.

This “was the year” for Irretrievable Breakdown, Mississippi’s answer to No Fault Divorce.

In MS, you do NOT have a right to a divorce. You either have to have fault grounds that you can prove to the satisfaction of the Chancellor or have an agreement with your spouse to ALL issues. 48 other states have a No Fault Divorce process. MS does not.

Thirteenth. Upon application of either party, the court may
grant a divorce when the court finds there has been an
irretrievable breakdown of the marriage and that further attempts
at reconciliation are impractical or futile and not in the best
interests of the parties or family.

Secondly, a Joint Custody bill was proposed. There were several iterations of this legislation, but the gist of it was that the Court was to assume that Joint Physical Custody was in the best interest of the child when parents could not agree (and, even if they could) and if the Court found Joint Physical Custody was not in the best interest of the child it had to state why. (There were some issues with the proposed legislation as it was drafted, but this Bill found some traction and was discussed and bandied about for weeks…ultimately to no avail).

(2) * * * (a) There shall be a presumption, rebuttable by a
preponderance of evidence, that joint custody and equally shared
parenting time is in the best interest of the child. If the court
does not grant joint custody and/or equally shared parenting time,
the court shall construct a parenting time schedule which
maximizes the time each parent has with the child and ensuring the
best interest of the child is met.
(b) Upon petition of both parents, the court may grant
legal and/or physical custody to one parent.

Both bills failed and there are limited changes to MS Family Law. A blog for another day.

Matthew Thompson is a Family Law Attorney in MS and is in favor of some common sense changes in Mississippi Law.

alienation, Child Custody, Child Support, Divorce, General Legal, Irreconcilable differences, Opinion

What Does it Look Like when you are Not Ready for Divorce?

01/30/2024 BowTieLawyer Leave a comment

I have written several times on sometimes just not being ready. I have seen multiple instances of person just not being ready…

What are the signs of Not Being Ready?

Things are moving TOO Fast.

The divorce process is actually fairly slow in Mississippi. It is typically at least 60 days with the average cases taking closer to 90 days, if uncontested. If contested, the case could take 6-18 months. A few take even longer!

Things are TOO Emotional.

Of course divorce is highly emotional. In some respects you may never “get over it.” However, the best results require that you treat the financial aspects as a business transaction. If you are so focused on the emotion, getting even or some other aspect, you’ll regret it later.

It makes NO Sense.

If you are in a brain fog and cannot explain in plain terms what the lawyer has explained to you, you may not be ready. I don’t expect you to know every legal term of art, but there are some very important concepts you need to understand.

It’s TOO Hard.

Getting to simple agreements is a Herculean effort. When commonsense has left the station.

These are just a few indicators of Not being ready. Be on the lookout for these signs in your spouse and/or yourself. Recognizing these issues will allow for them to be better handled.

Matthew Thompson is a Divorce and Custody lawyer in Mississippi and warns you that negotiating a divorce when you are not ready may result in regret.

Child Custody, Divorce, Opinion, Visitation

Child Testimony 101 & Updates

12/08/2023 BowTieLawyer Leave a comment

Whether a child should testify is a decision that hopefully you as a parent will never face. The Mississippi Supreme Court, in a 1990 Opinion, held “We reiterate that parents in a divorce proceeding should …refrain from calling any of the children of their marriage, of tender years at least, as witnesses, and counsel should advise their clients against doing so except in the most exigent cases.”- Jethrow vs. Jethrow, 571 So.2d 270 (Miss. 1990).

For testimony purposes a child witness of “tender years” is 12 and under and testifying is subject to the discretion of the Judge.

However, a recent Court of Appeals case requires ALL children be interviewed by the Judge in every custody case if a parent calls the child as a witness. It is now mandatory regardless of the age of the child, regardless of who has custody, and regardless even when the other parent objects believing same will result in harm, emotional or otherwise, due to the very young age of the child and even over the objection of the Guardian Ad Litem appointed for the child. Daly v. Raines, No. 2022-CA-00600-COA

This is a scary proposition for most parents and something to consider when you are litigating. In divorce/custody/family law litigation your children will now be forced to participate if either parent so decides.

Be careful who you have a child with…

Matthew Thompson is a child custody and divorce lawyer in Mississippi and believes that only in exigent circumstance should child custody even be considered . However, the “law” doesn’t always allow for common sense to prevail…

Appeal, Child Custody, Child Support, Crime, Divorce, General Legal, Opinion

What Can You Do When the Judge Violates the Law?

08/08/2023 BowTieLawyer Leave a comment

Judges swear an oath to uphold the Constitution, to follow the law, and apply it without prejudice or bias. Most do this very difficult task with tact and professionalism. Some do not. The Code of Judicial Conduct is intended to establish standards for ethical conduct
of judges.

So what do you do when your Judge violates the law? Sometimes it’s a judgment call and not a violation of the law. In these circumstances you can file a Motion for New Trial and/or an Appeal.

But what about when the judge clearly violates the law? Can you sue the Judge? Usually, no. Judges enjoy what is known as Judicial Immunity that protects them from civil liability for violating the law. If the actions are criminal there could be penalties, but typically not for civil violations.

What else can be done? Contact Mississippi Judicial Performance. Judicial performance is an entity created by the Mississippi Constitution that seeks;

To enforce the standards of judicial conduct,
To inquire into judicial liability and conduct,
To protect the public from judicial misconduct and disabled judges, and
To protect the judiciary from unfounded allegations.

All proceedings before the Commission are of a civil nature, not criminal, as the purpose of the Commission is to be rehabilitative and educational as well as disciplinary.

Judicial Complaint Form

Any citizen, litigant, attorney, law enforcement official, judge, public official, or other individual who has knowledge of possible judicial misconduct may file a complaint with the Commission. Complaints may also be filed anonymously. Additionally, the Commission may file a complaint on its own motion based upon matters it learns of in other ways, such as from mass media and information obtained during the course of an investigation.

All complaints must be submitted to the Commission in writing. The Commission does not accept oral complaints. You may use a complaint form or write a letter to the Commission. A complaint form filed with the Commission should be typewritten or printed so that it is easily readable.

Matthew Thompson is an attorney in Mississippi and knows most Judges try to do it right…

Child Custody, Divorce, General Legal, Marriage, Opinion

Sometimes You’re Just Not Ready…

05/29/2023 BowTieLawyer 1 Comment

Family law is tough. It is tough to go through, deal with, and be involved in.

It can also be unfair. But wait, the Judge has to be fair, right? Yes, but the Judge’s definition of fair and yours will be different.

Also, the whole circumstance may be unfair. You can live your best life and still find yourself in the divorce attorney’s office.

The handful of times that I have seen even good results feel bad is when one party is just not ready. They did not want a divorce. They did not want to be in my office. And, they did not do anything (or any one thing) to result in needing a divorce.

These are often the hardest circumstances. The client may be right. This may all be unfair, but it nonetheless is happening.

So what do you do if you realize it’s too soon and you’re not ready? Get an experienced lawyer. Confer with experts; a counselor, a CPA or financial planner, your pastor, your trusted family and friends.

Get prepared and be intentional, even if you don’t want to.

Matthew Thompson is a child custody and divorce lawyer in Mississippi and knows when it’s too soon. However, the law doesn’t always allow for the mental processing necessary for all clients.

Child Custody, General Legal

Children Should NOT Pay for Adult Mistakes

04/12/2023 BowTieLawyer Leave a comment

We all mess up. It happens. However, when our mess up negatively affects others, merely fixing the mistake is not enough, especially when it’s a child.

Being an adult can be hard. Being a parent is hard. Being an adult that has to deal with children is hard. Making mistakes is inevitable. However, how those mistakes are dealt with is the difference between showing a true servant’s heart and being a cold, unapologetic robot.

As a parent, we have all messed up. A quick, heartfelt apology is always best. To the extent you can fix your mess up, you do it. When the correction causes more trauma, you don’t.

A child does not need to learn from an Adult’s mistake – even an honest mistake. That isn’t teaching the child a lesson. That’s actually showing adults are not accountable for their actions.

“My bad, but you suffer…”

Also, admitting your mistake is good. But the way its handled thereafter matters too. A heavy-hand is not always the best. Being respectful never goes out of style and attempts to deescalate problems is the #1 priority when dealing with these situations.

A wise man once said the referee could throw a flag on every play, wisdom is not doing so. Also, sometimes picking that flag up and waving it off is the right thing to do.

The lesson here is ultimately do the right thing. Protect the child, be honest, but don’t make that child suffer because of your mistake.

Also, it’s NEVER too late to do the right thing!

Matthew Thompson is a family law attorney in Mississippi and advises parents/adults to not make a child suffer because of your mistake.

Child Custody, Child Support, Crime, General Legal

TN Law Makes DUI Driver of Fatal Wreck Pay Child Support

04/06/2023 BowTieLawyer Leave a comment

“Ethan’s, Hailey’s, and Bentley’s Law“¹ requires a sentencing court to order a defendant who has been convicted of vehicular homicide due to intoxication, and in which the victim of the offense was the parent of a minor child, to pay restitution in the form of child maintenance to each of the victim’s children until each child reaches 18 years of age and has graduated from high school.

Cecilia Williams , grandmother of, Bentley Williams, 5, and Mason Williams, 3, is raising her grandchildren after their parents were killed April 13, 2021, in a drunk-driving accident in Missouri.

Since her family members’ deaths, Williams has worked to get legislation called Bentley’s Law passed in Tennessee and several other states, including attempts in Missouri, that requires those convicted of driving while intoxicated to pay compensation to families affected by a drunk-driving death.

Tennessee Gov. Bill Lee signed the bill on May 25, 2022.

Along with Tennessee, Bentley’s Law has also been introduced in Missouri, Louisiana, Ohio, Pennsylvania, Virginia, Illinois, Alabama, South Carolina and Oklahoma. Vermont, Massachusetts, Hawaii, Kansas, Arkansas, Delaware, Wisconsin, Arizona, California, Colorado, Florida, Indiana, Michigan, Texas and Utah have stated plans to introduce similar laws during 2023 sessions.

David G. Thurby, 26, of Fenton, TN was charged and convicted of three counts of involuntary manslaughter in connection with the fatal accident in Byrnes Mill, Missouri.

After the fatal accident on April 13, 2021, Thurby was arrested and told a Missouri State Highway Patrol trooper that before the crash, he had seven shots of Crown and water, and a preliminary breath test showed Thurby’s blood-alcohol content was .192 percent, more than twice the legal limit, according to the probable-cause statement in the case.

A jury found Thurby guilty following a trial in front of Jefferson County Circuit Judge Victor Melenbrink.

In March, Judge Melenbrink sentenced Thurby to four years in prison on each of the three counts. Two of the counts are to be served consecutively with the other to be served concurrently, meaning Thurby is to serve eight years in prison.

Williams has set up a Facebook group called “Bentley’s Law” to share updates about the law’s progress in each state.

Matthew Thompson is Child Support lawyer in Mississippi and supports a law such as this in Mississippi.