Category Archives: Child Custody

Child Custody, General Legal

Noncustodial Parents Have Rights

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Unless your rights have been terminated by a Judicial proceeding, either via Termination and/or Adoption, you have rights.

parent rights

MCA § 93­-5-26 (click) provides that you, as a parent, have rights of access to records and information pertaining to your minor child(ren), including but not limited to medical, dental and school records and these shall NOT be denied to a parent because you are not the custodial parent.

Schools, doctors and dentists offices should take note of the above. Also, as a parent, you should be informed and have a copy of this statute  with you when seeking this information if the other parent is not forthcoming.

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

Don’t Play Games 

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It’s all fun and games until somebody gets hurt. 

            I’m not talking about playing with your children.  Too often I see adults playing games with the other parent’s time. It’s not a game. It’s not really even the other parent’s time. It’s the children’s. 

It is also painful when the lawyer is playing games too. Advocating for your client is not making it as costly and long as possible. It’s not arguing over everything. It’s not agreeing to one thing and then doing another. 

If this post sounds like you, it’s not too late to change. Be a decent parent. Be a decent lawyer. Be a decent human being. And if you are still going to play games, join a soccer team. 

Matthew Thompson is a Family Lawyer and is mildly irritated by people sometimes. 

http://www.BowTieLawyer.ms

(601)850-8000

Child Custody, Divorce, General Legal, humor, Opinion

Beware of the Lemon Lawyer.

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You’ve heard of the Lincoln Lawyer, but what about the Lemon Lawyer…

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Signs of the Lemon Lawyer:

  • When you Call the Office and you Never get a Live Person. Voicemail has a purpose, but every time? Leave a message after the beep.
  • Bait and Switch.  That’ll be $19.95. Once hired, that was just the retainer. it will be $19,995.00.
  • It’s Their First Case Doing that Type of Law. We all had to start somewhere, but sometimes the rookie is dangerous.
  • Alternative Fee Arrangements.  Sure. We all like the Barter system, but taking your case for a bushel of beans and your grandpaw’s shotgun… you may get a bushel of something. Also, if there is a “couch fee” option, RUN!
  • Multiple Office Moves. Moving on up is one thing. Constantly moving, multiple firm changes and temporary office space at the Kangaroo Mart are red flags.
  • When you tell other people who represents you they say, “Ohhhh…“

Matthew Thompson is a Divorce Litigation Attorney in Mississippi and warns you to avoid the lemon.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm  

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

Child Custody, Divorce, General Legal, Modifications, Visitation

Hearsay, Hearsay, Read All About It.

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Hearsay is any out of Court statement that is used to prove the truth of the matter asserted.
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Hearsay is basically ANYTHING that is said outside of the Courtroom by ANYBODY.  It also includes writings, documents and many other things.

Most commonly hearsay occurs during witness testimony. Mom is testifying about how scared Beverly was when dad left her with the new and strange babysitter. However, mom did not see nor meet the babysitter. She didn’t even know she existed. Mom was trying to say that Beverly said the babysitter said “….”

Attorney: OBJECTION, HEARSAY.

Judge: SUSTAINED. DON”T TELL ME WHAT THE CHILD SAID OR WHAT THE BABYSITTER SAID.

The babysitter has to come testify or mom has to describe Beverly after dad’s weekend.

Mom:  She came home distressed and sullen. Her eyes were red, as if she’d been crying.

Beverly told her what happened, so she called dad. Now mom can say what dad said because he and she are the parties to the case, an exception to the hearsay rule.

Your attorney should practice your testimony and how to deal with hearsay.  You may always describe what you personally observed, what you did and what you said, and this is the way to possibly get around hearsay and/or having other witnesses involved testify.

Matthew Thompson is a family law attorney and encourages you to practice your testimony and telling your story without saying what somebody told you.

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, Divorce, General Legal, Modifications, Visitation

Changing Custody vs. Visitation

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Modification is the process that is used to change a Court Order.  I previously discussed how NOT to modify your papers here.

Here are the basics for the right way to modify the Court Order.  Child Custody, Visitation and Child Support are always modifiable. However, each has a separate standard.  Each require that you prove something different.

I.  Child Custody is the most difficult to modify. The non-custodial parent, must demonstrate 1) a material change in circumstances,  2) adverse to the child, 3) in the home of the custodial parent.  In English, dad has to show that there has been a big change, harmful to the child and it was mom’s fault.  It does not matter how much better dad is doing.  It does not matter that he has a new job, making good money, and has remarried Mary Poppins.  The Standard concerns what is going on in mom’s house.

A material change could be bad grades, serious behavior problems, serious problems with mom or serious problem with mom’s new beau. Now, once you show the bad change, harmful to the child, and it’s mom’s fault, dad wins, right? No. That provides the Court the authority to go back through the Albright factors for the Court to determine which parent is in the best interest of the child.

II.   Visitation has a lower standard to modify.  In order to modify visitation all one needs to do is demonstrate that the current schedule is not working.  This can be shown by showing that a party moved over several hours away making every other weekend unworkable or by showing that due to the child’s schedule, or a parent’s work schedule the visitation plan is not working.  This one is easier to pursue, but the outcome is not always predictable, so have a plan for what schedule will work if you are seeking to change it because of distance or a work schedule issue.

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Matthew Thompson is a Mississippi Child Custody Attorney and reminds you to follow your papers.

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

Rankin Chancery Judicial Election

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Again?!? It seems there is a Judicial race every year. Normally, this is not the case, but the legislature saw fit to create new judicial positions and with the untimely passing of a sitting Chancellor, another election is around the corner.

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I’m not sure why a graduation cap is in this graphic.

Rankin County Mississippi will host a contested Chancery Judge election this fall. Contested in the nicest sense of the word!

Running as the incumbent is John McLaurin.

John McLaurin was selected by Governor Bryant to fill the vacancy left by Judge Dan Fairly’s passing. Judge McLaurin served as the Family Master for Rankin County since 2007, hearing the exact type of cases he now hears as a full-time Chancellor.

Judge McLaurin “has extensive legal experience with heavy emphasis in the chancery court system. He is a lifelong resident of Rankin County…” said Bryant.

McLaurin holds a bachelors degree from Vanderbilt University and graduated from the University of Mississippi School of Law. Prior to taking the bench, he practiced law at McLaurin & McLaurin since 1976.

McLaurin is a lifelong member of Brandon First United Methodist Church. He and his wife, the late Carol Noel McLaurin, were married for 33 years. They have two adult children and two granddaughters. http://www.governorbryant.com/gov-bryant-appoints-john-mclaurin-jr-as-rankin-county-chancery-judge/

* As a point of interest, McLaurin is the great-great nephew of the former Governor of Mississippi, and U.S. Senator, Anselm McLaurin, and is related to the late Robin Williams.

Running as the challenger is James “Jim” Nix.

Jim has practiced law for over 35 years and same was devoted almost exclusively to matters which are within the substantive jurisdiction of the Chancery Court.

You may remember attorney Nix from the last contested Rankin County Chancery race.

Neither candidate has really cranked up their political machines. However, this will be the most civil and professional contested race, ever, in Mississippi.

Matthew Thompson is a Mississippi Family Law Attorney and wishes both candidates could win.

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, Child Support, Divorce, Modifications

Where Does Your Child Live? Child Custody

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“I have Joint Custody.”

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I hear this often,”…but I have Joint Custody!” However, the Court Order determines what you have.

There are 2 types of Custody in Mississippi Law. Legal Custody and Physical Custody.

Legal Custody is the decision-making right regarding the child related to their health, education and general welfare. It requires the parents to keep the other reasonably informed of the child’s goings-on.  It is commonly Joint Legal Custody, but this has no bearing on the schedule.

Physical Custody is where the child resides on a primary basis. Within Physical Custody there are typically 2 types. 1) One parent has Physical Custody subject to the other parent’s rights of visitation, or 2) Joint Physical Custody. Joint Physical Custody does not require it be a 50/50 time split, however it is defined as each parent spending a substantial amount of time with the child.

Joint Legal allows access to information and creates an obligation for consultation regarding issues concerning the child. Joint Physical is “Joint Custody.”

Matthew Thompson is a Mississippi Child Custody attorney.

Follow the blog: BowTieLawyer  You may also contact Matthew with your family law case, question or concern at (601) 850-8000

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

3 things NOT to say the First time you call a Lawyer.

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Calling a lawyer for the first time feels worse than going to the dentist or seeing a letter in your mailbox from the IRS.

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In addition to being nervous, you are typically calling because you are having legal problems and need help.

3 things NOT to  say on that first call:

  1. TLF:  Thompson Law Firm, this is Sara speaking. How may I help you?

           PC:  This is John. Y’all have to do free (or pro bono) cases, right?!

 2. TLF:  Thompson Law Firm, this is Sara speaking. How may I help you?

           PC:  This is John. How much is a No Fault divorce?

         TLF: Well, John, that depends upon whether all of the issues are agreed upon with regard to…

        PC:  Attorney “So-and-So” said he’d do it for $500.00 dollars!

     3. TLF:  Thompson Law Firm, this is Sara speaking. How may I help you?

           PC:  This is John. I need a bulldog! I want a Junk Yard Dog that will get down and dirty, do whatever it takes and be willing to go lower than Trump or Hillary!

         TLF: Well, sir,  all we do at TLF is family law, but there is a right way of handling matters…

BONUS:  TLF:  Thompson Law Firm, this is Sara speaking. How may I help you?

           PC:  This is John and I need a divorce…hold on just a second…(said into speaker) I need a #5, super biggie sized, extra ketchup and pickles, and a diet coke…(back to TLF)…now, where was I?

Matthew Thompson is a Mississippi Divorce Attorney and knows it’s hard to make that first phone call, but NOT doing the above and being prepared will make it easier.

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