#BowTieLawyer.MS |>o<|
The Origin of Child Protective Services…
#BowTieLawyer.MS |>o<|
Category Archives: Child Custody
SECRETS REVEALED! What REALLY Goes on in the Judge’s Chambers…
In every courtroom there is a mystery door, usually in the back corner. Within this door are the secrets of Court…
Litigants see the Judge and Lawyers disappear into this door. What seems like an eternity later, they emerge. Is one smiling? Does one have a scowl? What does it all mean?
These “chamber conferences” matter. This is where the Judge hears what the case is about. Each attorney is allowed a few minutes to tell their client’s side of the story, factually. The Court hears legal arguments as to this issue and that issue. In this conference the Judge may indicate what they are inclined to do. This is actually a good thing, usually.
You find out whether or not you are fighting a losing battle, or whether there will even be a fight.
I had a case where the parties were fighting over “Legal Custody.” Legal custody is the decision making right regarding the child, such as education, medical and general welfare areas. It’s extremely common for the parties to have Joint Legal Custody. However, this particular lawyer and client would not agree to Joint Legal Custody. It was about 2 minutes of discussion and the Judge said, “I almost always do Joint Legal Custody, unless there is a really good reason not to.” There was not a good reason. That resolved the last remaining issue.
Sometimes the conferences go against you. That causes questions of doubt between the lawyer and client. “Did my lawyer fight for my side?” You have to trust your lawyer and believe them. Also, they should advise you that the Judge indicated they were inclined to rule this way, but we can still have a hearing and we may be able to convince them otherwise. Probably not, but we may be able to. Ultimately, it is the client’s decision.
Usually, conferences help. It’s not underhanded nor improper if lawyers for both parties are participating.
Matthew Thompson is a family law attorney in Mississippi and usually welcomes Chamber Conferences.
Friends Don’t Let Friends Post on the Internet
We’ve blogged on not posting ignorant or incriminating things on FaceBook. (5 FaceBook Don’ts)&(5 More Don’ts).
The prior posts really dealt with you avoiding bad behavior, or at least bragging about it publicly. But, your obligation to be smart should not stop there.
You should not let your friends post hate or trash either. Using a surrogate does not insulate you from the potential carnage. That well-meaning friend being critical of your ex, or their new squeeze, is a direct reflection of your inner thoughts, even if it’s not!
Ask that your well-meaning friend refrain. That they not post about how evil, vile and repulsive your ex is, about how ugly, inside and out, his/her new soul mate is. They can think it, you will probably even talk about it over Mexican and margaritas, but don’t post it on the Internet.
Matthew Thompson is a family law attorney in Mississippi and uses FaceBook and other social media sites a lot more than you probably realize.
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
You CAN Pick Your Judge! Rankin Chancery & Madison Chancery
Tuesday, November 3, 2015, is election day.
There are a myriad of candidate seats, but this post concerns the local Family Law Judge races.
Madison, Leake, Holmes and Yazoo Counties.
Two candidates are vying for this seat.
The front-runner for this seat is James Walker. Walker has the backing of the majority of Family Law and Chancery practitioners in the district. Walker has also worked the beat for this seat. Walker has been at almost every festival, civic event, meet and greet and ribbon cutting in all four counties. If you do not know about this candidate, who he is and what he stands for at this point, it is not for his lack of effort. Walker is the current Family Master for the District; hearing Emergency Petitions,Temporary Hearings and the types of matters the current Chancellors hear. Walker is the former staff attorney for Judge Cynthia Brewer, former staff attorney for DHS and has his own private Chancery practice law firm.
Attorney, Pearlene Jones is the other candidate that has qualified to run. She is a resident of Lexington, in Holmes County. She formerly served as the County Prosecutor for Holmes County, a part-time, elected position.
Attorney Jones has been at events local to Holmes County, but I am unaware of any significant campaigning in the other counties.
James Walker will hands-down be elected to this post.
Rankin County
Rankin Counties race will be closer. There are 4 really good candidates for one spot.
I think Roberts is the front-runner due to having previously served as the Staff Attorney in Rankin County for Judges Grant and Fairly for the past eight years. He has been involved “in over 10,000 cases. Roberts is also serving as the Family Master. The Family Master is a part-time Judge hearing Emergency Petitions, Temporary Hearings and DHS matters.
Prentiss Grant “has lived and built his law practice in Rankin County for the past twenty-six years. Prentiss’ law practice is concentrated in family law, and eighty percent of his cases are tried in Rankin Chancery Court.”
Rusty Williard has “spent 30 years trying Chancery cases and 15 years [in] Rankin County.” Williard is a self-proclaimed “ruthless defender of the rights of children in chancery court and with juvenile defense matters, he is currently a certified Guardian Ad Litem as well as a Youth Court advocate.
Jim Nix, who I affectionately referred to as the ghost, has come on strong. He is running a “grass roots” campaign and not accepting any campaign contributions. “He has over 35 years experience in Chancery Law, is not a part of the Rankin County Power Group.” I called him the ghost because at qualifying time he was a relative “unknown” candidate. Since that time i have educated myself and I like Jim Nix.
For that matter, I like all 4 candidates. Rankin County would be well served by any of the candidates, but only one will win. I predict the necessity of a run-off. I think it will be between Roberts and Grant, but I think it will be a close race.
Matthew Thompson is a Family Law Attorney in Mississippi and encourages all citizens to vote on Tuesday, November 3, 2015.
*Thompson Law Firm has contributed to the James Walker campaign and was on the Host Committee for a Meet and Greet for the Candidate.
When is Perjury allowed?!?
I hear this often. “I don’t lie to my kids.”
This is said shortly after one party disclosed the dirty details to the child regarding the other parent. Followed by the statement, “they have the right to know.”
- They do not have the Right nor need to Know.
- This is never appropriate. Never. Never to a young child. What about when….? No. Never.
But what about that parent, with their righteous indignation, who says, “I do NOT lie to my child?” My response? “What about the Tooth Fairy?
I get a blank stare.
We lie to our children all the time A LiveScience.com article stated it better, “Parents Lie to Children Surprisingly Often.” This article concluded that parent’s lie to protect their child and lie to preserve some semblance of innocence and childhood for their children. These are all good things.
The Tooth Fairy question gets that indignant parent every time. There is no good reason to “tell all” about the other parent’s misdeeds. You should be telling them that “mommy” loves them very much. When the kids are older they will realize the truth and appreciate you all the more for allowing them to have a childhood and to love their other parent, even if the other parent did not deserve it.
Back to the title. When is Perjury allowed? It’s Not. It was just click bait.
Matthew Thompson is a Child Custody Attorney in Mississippi and believes sometimes lying to your children is in their best interests.
Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms
The Right Sized Underwear; When the wrong underwear gets under the skin of your significant other.
Having the right sized underwear is important for many, many reasons.
You would not believe the problems the wrong size of underwear causes in family law. I have had underwear delivered to my office, in a Zip-loc. It was placed in the freezer to preserve “evidence.” Why was it brought in? It was not her size. I have seen numerous photos of underwear, both in use and not in use, at the time the picture was exposed. One thing is for sure, the wrong size underwear is never a good thing.
A child in the wrong size may be an indication that you are dealing with a non-primary parent. Plus, it’s uncomfortable for the child.
An adult in the wrong size underwear is uncomfortable for a lot of other reasons. Having the wrong size in your possession is hard to explain away. Having a new style may also be a red flag. Who knew underwear could be so exposing?
Matthew Thompson is a Divorce and Domestic Relations Attorney in Mississippi and whether your brand is BVD, Hanes, Fruit of the Loom or something a little more exotic, make sure it’s the right size.
Follow the blog:#BowTieLawyer You may contact Matthew with your family law matter or question at (601) 850-8000
Indicators of Abuse.
Regrettably, in family law instances of child abuse are ever-present. The Mississippi Department of Human services, along with law enforcement and the Courts are tasked with dealing with these critical circumstances.
The following are instances and indicators of abuse.
Emotional/Verbal Abuse is anything said or done that is hurtful or threatening to a child and is the most difficult form of maltreatment to identify:
- Name calling; “You’re stupid.”
- Belittling; “I wish you were never born.”
- Destroying child’s possessions or harming pets.
- Threatens to harm child or people they care about; “I’m going to choke you,” or “I’ll hurt your sister.”
- Locking a child in a closet or box.
- Rejecting a child.
- Isolating a child.
Sexual Abuse is any inappropriate touching by a friend, family member, anyone having on-going contact and/or a stranger, such as:
- Touching a child’s genital area.
- Any type of penetration of a child.
- Allowing a child to view or participate in pornography.
- Prostitution, selling your child for money, drugs, etc.
- Forcing a child to perform oral sex acts.
- Masturbating in front of a child.
- Having sex in front of a child.
- Touching a Child’s genital area.
Physical Abuse is any type of contact that results in bodily harm such as bruising, abrasions, broken bones, internal injuries, burning, missing teeth and skeletal injuries:
- Hitting or slapping a child with an extension cord, hands, belts, fists, broom handles, brushes, etc.
- Putting child into hot water.
- Cutting the child with a knife or any other sharp object.
- Shaking or twisting arms or legs, yanking a child by the arm.
- Putting tape over a child’s mouth.
- Tying a child up with rope or cord.
- Throwing a child across a room or down the stairs.
Neglect means not meeting the basic needs of the child and is the most common form of maltreatment.
- Medical – not giving a child life-sustaining medicines, over medicating, not obtaining special treatment devices deemed necessary by a physician.
- Supervision – leaving child/children unattended and leaving child/children in the care of other children too young to protect them (depending upon the maturity of the child).
- Clothing and good hygiene – dressing children inadequately for weather, persistent skin disorders resulting from improper hygiene.
- Nutrition – lack of sufficient quantity or quality of food, letting a child consistently complain of hunger and allowing the child to rummage for food.
- Shelter – having structurally unsafe housing, inadequate heating, and unsanitary housing conditions.
Reports can also be made online at https://www.msabusehotline.mdhs.ms.gov
Division of Family & Children’s Services
800-345-6347 | 601-359-4999
Matthew Thompson is a Child Custody Attorney in Mississippi.
Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms
Charlie Sheen- Law, Love and Winning
After a week of Flag and Marriage controversy, how about a topic even more controversial? Charlie Sheen.
There could be a law school class; Charlie Sheen and the Law.
Charlie on Restraining Orders:
“Great. I was already planning on staying 100 parsecs away from her.” (A parsec is a unit of length equaling 3.26 light-years.)
Charlie on being “Bi-Polar:”
“I’m bi-winning. I win here and I win there. Now what? If I’m bipolar, aren’t there moments where a guy like crashes in the corner like, ‘Oh my God, it’s all my mom’s fault!’ Shut up! Shut up! Stop! Move forward.
Charlie on suing CBS:
“They’re trying to destroy my family, so I take great umbrage with that. And defeat is not an option. They picked a fight with a warlock.”
Charlie on why he is a “Winner:”
“I’m sorry, man, but I’ve got magic. I’ve got poetry in my fingertips. Most of the time — and this includes naps — I’m an F-18, bro. And I will destroy you in the air. I will deploy my ordinance to the ground.“
Charlie on Drugs:
“I am on a drug. It’s called Charlie Sheen. It’s not available because if you try it once you will die. Your face will melt off and your children will weep over your exploded body. It’s too much.”
Quotes courtesy of Mr. Sheen and US Magazine.
Matthew Thompson is a Family Law Attorney in Mississippi and has not met Charlie Sheen.
Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms
(601) 850-8000 - - BowTieLawyer.MS 