Category Archives: Child Custody

Child Custody, Divorce, Grandparent Visitation, Visitation

“Sir, Yes, Sir.” The Military is Respected in Custody Courts.

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Our Military service personnel deal with serious family law issues which can be made more difficult due to their military service.  Being subject to activation, deployment, required training, frequent moves and dangerous activities add to making circumstances more difficult.

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However, Mississippi has specific protections for military parents.

 MCA 93-5-34, provides an efficient process to resolve custody matters when dealing with a military parent.  Upon such circumstances of a custodial parent serving, the statute provides that the other parent will have custody, but that custody ends within 10 days of the former custodial parent returning from service.

Additionally, it provides that the serving parent shall have reasonable access for phone and video visits.  The deployed member may also delegate visitation to their own family members.  These types of military custody cases receive priority by the Courts to be heard and the serving parent may “attend” via affidavit or electronic means where possible.

Lastly, a parent’s service cannot be used against that parent upon their return for a custody modification by the other parent.

Matthew Thompson is a Military Divorce Attorney in Mississippi.  

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

alienation, Child Custody, Child Support, Divorce, Grandparent Visitation, Modifications, Opinion, Visitation

Are YOU a Terrible Parent?

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Food, shelter and clothing are necessities and while providing them is the minimum, doing so alone does not make you a great parent.

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  • Do you encourage a relationship between the child and the other parent?
    • Just NOT badmouthing them does not make you a great parent. You should encourage and promote a good relationship.  Oh, and it’s required when parties have joint legal custody.
  • Do you withhold financial support from your child?
    • Money isn’t everything, but there is no excuse for not supporting your child.
  • Do you degrade the other parent to your child?
    • “I don’t lie to my child!” 1) Yes, you do. Everyday, to protect them. 2) Telling them how big a scoundrel the other parent is hurts the child. Half of their identity is from that scoundrel!
  • Do you prevent your child from seeing the other parent or interfere with the visitation?
    • Out of sight is NOT out of mind. Absence can make the heart grow fonder…

Matthew Thompson is a Child Custody Lawyer in Mississippi and reminds you to not be a terrible parent.

Follow the blog: BowTieLawyer 

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

Child Custody, Visitation

Attorney Kelly Williams certified as a Child Welfare Law Specialist .

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Kelly G. Williams is the first attorney in the state of Mississippi to be certified as a Child Welfare Law Specialist by the National Association of Counsel for Children (NACC).

7726k williams-2.jpgThis certification requires an applicant to pass a rigorous examination. The NACC Certification Program is the only program approved and accredited by the American Bar Association to certify attorneys as Child Welfare Law Specialists. Millions of children are the subjects of judicial proceedings each year as victims of abuse and neglect; juvenile offenders; subjects of custody, visitation and adoption proceedings; and as participants in civil damages litigation. NACC recognizes that the adversarial system works best when all interested parties are competently represented and one the goals of the NACC is to improve the lives of children and families through competent representation to ensure that judicial proceedings produce justice. (naccchildlaw.org)

Kelly may be reached at 601-982-1111 or kelly@coughlinwilliamslaw.com http://www.coughlinwilliamslaw.com.

Matthew Thompson is a family law attorney in Mississippi. 

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

Child Custody, Child Support, Divorce, General Legal, Marriage, Modifications, Opinion, Visitation

#1 Rule for Witnesses

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Show up.

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If you have Court and your testimony matters, show up. If the issues before the Court impact you in a “bigly” manner, show up. Rarely is a good outcome achieved in your absence, and no amount of explanation will be sufficient if you weren’t there to witness it for yourself.

When you do show up, tell the truth.

Matthew Thompson is a Family Law Attorney in Mississippi and reminds you that 99% of the time that good results are earned, it is, in part, due to the fact that you showed up.

(601) 850-8000  www.BowTielawyer.MS   Matthew@bowtielawyer.ms

Child Custody, Divorce, Visitation

Happy Halloween!

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Boo!

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It’s Halloween.  A day of costumes, candy and having fun. Often, Halloween is not addressed in the divorced parent’s papers. It is after all, not a “real” holiday. However, I usually include Halloween in custody schedules.

While not a real holiday, it is nonetheless an important day in your child’s life. From picking out the costume to sneaking a Reese’s, memories are certainly made and then cherished.

Have a safe and happy Halloween!

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

Child Custody, Divorce, General Legal

What do Hurricanes and Legal Custody have in Common?

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Legal custody pertains to the decision making right regarding your child’s health, education and general welfare.

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Legal custody, most commonly awarded as “Joint Legal Custody,” requires that each parent keep the other informed of the child’s goings on. This includes not only health, education, and general welfare, but also school and activity schedules, medical appointments and any major matter regarding the child’s life

It requires that parents communicate and cooperate when it comes to making decision about the well-being of the child. It certainly includes informing the other parent if a move is anticipated.

Legal custody includes sharing the status of the child’s well-being and location in emergency situations.  Chancery Courts require 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 are not always known for exercising common sense.  Hurricanes and Legal Custody require that you  keep the other parent informed on the well-being of the child.

Matthew Thompson is a Child Custody attorney in Mississippi and routinely exercises common sense and encourages you to do so as well.

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

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Child Custody, Divorce, General Legal, Marriage, Modifications, Opinion

Child Testimony No-no; When having your child testify is the Wrong move.

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Sometimes family law is the pits.

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You are in the fight of your life against the one person who promised before God and everybody to always love and cherish you. Where’s the love now?

But dragging others into the fight may be the wrong move. I routinely see parents wanting to bring the kids in to testify, while stating that they do not want to bring the kids in to testify. Kind of a sorry-not sorry attitude.

Child testimony is permissible.  There are some Gate-keeping obligations of the Court to apply prior to actual testimony being allowed. There are also various methods used by various Judges on taking child testimony. However, more basic than the trustworthiness of the testimomy and whether it should be in chambers or in open Court, is whether the child should be in that position at all.

The Mississippi Supreme Court stated, “We reiterate that parents in a divorce proceeding should if at all possible refrain from calling any of the children of their marriage…as witnesses, and counsel should advise their clients against doing so except in the most exigent cases.” Jethrow v. Jethrow, 571 So. 2d 270, 274 (Miss. 1990).

If there are not exigent circumstances, i.e.; abuse, criminal activity involving the child, physically dangerous activity and there is no other means to corroborate these facts, testimony may be required, but if it’s run of the mill dad did this or didn’t do that, or dad let the girlfriend give her a makeover, or mom’s boyfriend took them to Chik-fil-a, and these persons are not dangerous persons nor prohibited from being around per a Court Order, child testimony should be avoided.

Think about it from the child’s perspective, not your own. Your job is to do what is best for them, every time.

Matthew Thompson is a Child Custody attorney and cautions you on relying on child testimony when it’s not necessary.

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

Child Custody, Divorce, General Legal, Modifications, Opinion, Visitation

Don’t Ask This Question.

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There is a lawyer cliché to never ask a question that you do not know the answer to.

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Asking that question may get you a self-serving answer that you did not anticipate.It may open Pandora’s box of bad evidence and a tidal wave of otherwise inadmissible evidence. All because you asked a question you should not have asked.

In a custody case, the opposing counsel called the child to testify. This was a dispute between mom and dad and the other attorney wanted the child to testify about what she wanted, specifically where and with whom she wanted to live. However, opposing counsel did NOT know what the child was going to say, but instead assumed it would be favorable to his client. After the routine introductory questions, the child was specifically asked,”If you had a magic wand and you could wave it and live wherever you wanted, where would that be?” After a few seconds of silence the child responded, “ A castle!” Fatal to the case? No. But not the answer the lawyer was looking for and it further helped prove positions that we had taken throughout the case regarding the child’s emotional maturity, an issue we believed worked in our favor.

Of course, sometimes it’s a critical issue and you have to ask the question. Tread carefully.

Another question not ask; When are you due?

Matthew Thompon is a Child Custody attoreny in Mississippi and tries not to ask questions that he does not know the answer to.

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