Category Archives: Child Custody

Child Custody, Divorce, General Legal, Opinion

Why Do I Need a Private Investigator?

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Private Investigation is not as glamorous, or as easy, as you think it is…

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Why should I get a P.I.?

They know what they are doing. (usually)

They are good at what they do. (usually)

They are professional, will document their efforts and testify in Court.

They can be objective and unemotional about your circumstances.

They aim to satisfy as they care about their reputation.

Why doing it myself is a bad idea?

You do NOT know what you are doing.  (Watching old reruns of Magnum PI does not qualify you for the job)

You are NOT good at it.  You will get caught following too closely, spotted watching them, seen taking an obvious picture, or will lose them in the crowd.

You’re efforts will be viewed as biased. (of course you will say you saw him cheating, you’re trying to get a divorce!)

You CANNOT be objective nor unemotional. (the desire to confront her will be almost unbearable)

You do not care what anybody thinks!!  (He’s a perv!!)

Read more on what a Private Investigator needs from you.

Matthew Thompson is a family law attorney and has seen the P.I. at the restaurant, “on the clock” and knew NOT to say hello!

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.

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Child Custody, Divorce, General Legal, Irreconcilable differences, Marriage

The Worst Fault Grounds Ever = A Divorce.

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Emotional abuse, verbal abuse, multiple affairs are all grounds for divorce in Mississippi.

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But, what if your spouse was really bad?  What if they said, as my grandmother-in-law used to say, “both words?”  IE: “I was so mad that I said ‘both words!'” What if you had really, really bad grounds and lots of it?

That gets you a divorce.

One affair or 1,000= a divorce. Being incarcerated for 1 year or for life = a divorce. Abandonment and the other grounds, if proven, gain you a divorce.

Here’s what Fault does not equate too.  “Getting taken to the cleaners.”

A mother having an affair does not lose custody because of that fact alone. A father who cheats does not have to pay the wife due to that fact alone. The Court, instead, looks at the totality of the circumstances.  If you are a good parent despite your fault you will still get to see your child.  If it was a short marriage or your spouse makes more than you, you will not have to pay a boat load just because you messed up.  Courts do not “punish” you financially for affairs, usually.

Just because you messed up does not mean you have to continue messing up. Just because you messed up does not mean you will pay for it the rest of your days. But, if you are messing up Stop now and call an attorney.

Matthew Thompson is an Attorney practicing Divorce Law in Mississippi and may can help you even if you really, really messed up.

Follow the blog: BowTieLawyer 

Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or more information on Child Custody and Divorce. (601) 850-8000 or Matthew@bowtielawyer.ms.

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Child Custody, Divorce, General Legal, Opinion, Visitation

Do You Pass “The SleepOver Challenge?”

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Sometimes being a Family Law Attorney leads to having information that you wish you did NOT have.

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From swinging key parties to recreational substance abuse, you would be surprised to learn what good, normal people are doing, even your neighbors.

One way to determine if your conduct is “ok” is to ask yourself “Do I pass the SleepOver Challenge?” This simple test is would you allow your child(ren) to go to a sleepover at so-and-so’s house if you knew they were doing whatever it is that you are doing.

If your answer is “yes” then in the eyes of a Judge you’ll probably be fine, (assuming you are in the bounds of societal norms, whatever that means).  If your answer is “no” it’s time to re-examine what you are doing.

And, if you have some rally bizarre behind closed doors conduct, just disregard this, keep it to yourself and don’t invite anyone for a sleepover.

Matthew Thompson is a Child Custody Attorney practicing Family Law in Mississippi.

Follow the blog: BowTieLawyer 

Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or more information on Child Custody and Divorce. (601) 850-8000 or Matthew@bowtielawyer.ms.

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Child Custody, Child Support, General Legal, Opinion

Family Law Bill of the Day; What Are They Thinking

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Yesterday was about a proposed change in Fault Grounds in Mississippi law. Today is about a far different change…

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House Bill 714, hb0714in, seeks to declare a presumption that a child’s best interests is NOT served by being placed in the custody of a homosexual person, even if it’s the biological Parent.

Regardless of one’s political and/or religious views this would create significant problems in the law.  The law currently recognizes a concept called the Natural Parent Presumption.  This means that a Natural Parent is the best parent to raise their own child as they deem best.  This is well founded, accepted law. Additionally, you have a Constitutional Right, as a parent, to raise your child as you best see fit, assuming you are neither neglecting nor abusing your child.

The problem that HB 714 creates is that it will in fact require a Court to conclude that a parent is presumptively fit and unfit if that parent was the natural parent and homosexual. It ignores the fact that a homosexual can be a biological parent triggering the Natural Parent Presumption, it creates a presumption of unfitness based solely on sexual orientation with NO criteria of whether that parent “acts” on said orientation and it provides no litmus test for homosexuality. This also ignores the fact that a Court may already consider the morals of parents and take that into considerations when determining Custody. It assumes bad parenting when there is no reasonable basis to do so (Click for Real Bad Parenting).

This appears, at best, to be election year pandering and, at worst, an unconstitutional restraint on a Parent’s Right to Parent. This would not withstand a Constitutional  challenge, in my opinion. And, is another reason that MS will catch ridicule as being so Heavenly Focused that we’re no Earthly good.

Matthew Thompson is a Child Custody Lawyer in Mississippi and believes that the Albright Custody Factors allow for the Court to consider ALL issues that the Court deems necessary to determine custody of a child- and that’s a fact!

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.

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Child Custody, Divorce, General Legal

Family Law Bill of the Day – Mississippi Style

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The legislature is in session.  Saturday Night Live once referred to  the Mississippi Legislature as the “hissing possums.”

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But, today’s blog is about proposed legislation.  Senate Bill 2342-(sb2342in).

This Bill’s intent is to add a 13th “fault ground” to Mississippi Law. This ground would provide for a divorce being granted upon 5 years of separation in fact.  This means if you and your spouse are married, but not living together for five years or longer and at least one of you wants a divorce, you can get a divorce.  It further provides that if there are minor children that the Chancellor may deny the divorce if a divorce is found to  not be in the children’s best interests.

This is a much needed change in Mississippi law and a step in the right direction.  Some may say 5 years is too long, but it is better than nothing and better than the law as it currently is.

Who says that? I do.

Read about the current 12 fault grounds.

Read Why You Should Care About This Legislation here and here.

Matthew Thompson is a Family Law and Child Custody Attorney in Mississippi, Adjunct Professor at MC Law in Domestic Relations and believes this provides a much needed remedy in the current law.

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, Crime, Divorce, General Legal, Marriage, Pets

It’s NOT the Lawyer’s Fault that You Don’t See Your Kids

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But, for that d@#^lawyer!

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I hear this a lot.  “My life was great until my lying ex and her d@#^ Attorney messed it all up!”

Right.

It was all peachy until you;

  • Had an Affair; or
  • Physically Assaulted Your Spouse; or
  • Habitually Abused Illegal Drugs; or
  • Threatened Physical Violence; or
  • Took Your Children and Refused to Return Them or Disclose Their Location; or
  • Refused to Support Your Family; or
  • All of the Above, and then some…

Is life fair? Certainly NOT.  Do your actions directly impact the quality of that life? You better believe it. So maybe your lying ex and her d@#^ attorney are NOT totally to blame.

  • Do What has Been Ordered of You
  • Be the Best Parent you Can be
  • Don’t Threaten, Harass, or Make False Allegations

Matthew Thompson is a Child Custody Litigation Attorney in Mississippi and believes that you reap what you sow.

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, Marriage, Opinion

Don’t Make Up Stuff About Your Ex.

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It can be fun to “run them down the road” or “throw ’em under the bus,” figuratively speaking, of course.

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They were, after-all, mostly responsible for the worst thing that happened to you as an adult. (Or the best, if you consider you no longer live with that cretin?)

But, why make stuff up about how bad they were? It serves no purpose. Recently, I heard the other side of the story from a friend of the ex.  It was chock full of outrageous conduct, statements and actions- some criminal, that were just not true.

I thought, “Wow, if he was that bad I would have divorced him too!”

However, the conduct, statements and actions were not true.  I know because I deposed the ex during the case. I asked, under oath, about all the dirty deeds. They were not mentioned.

People seem to have one of two predispositions. 1) We remember things better than they were, ie: childhood years, college days, or 2) We remember things much worse than they were, ie: “he never loved me.”

Making things up about your ex may be fun, but it serves no purpose and delays the “healing process.”  It also may backfire down the road when you finally forgive and resume some semblance of a relationship.

Matthew Thompson is a Divorce Litigation Lawyer in Mississippi and believes the truth can set you free.

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, General Legal

BEASTIE BOYS on Parents’ Rights to Records; Know this LAW- MCA 93-5-26

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You Have to Fight…for Your Right to…PARENT!

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With apologies to the Beastie Boys, it should NOT be a fight to get your child’s important school  and medical records.  Fortunately, by law in Mississippi, you are entitled to those records regardless of your Custody papers.

REGARDLESS of CUSTODY!

Miss. Code Ann., Sec. 93-5-26, concerns a noncustodial parent’s right of access to records and information pertaining to  minor children.

“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 prior appointments, you can get their school records and grades, whether the other parent gives it to you or not.

Armed with this Statute and a smile, schools and doctor’s offices have no right to refuse you this information.

Print YOUR Copy of the Law Here!   Miss. Code Ann., Sec. 93-5-26

Matthew Thompson is a Child Custody Litigation Attorney in Mississippi and wants parents to know their rights and fight for their right to…Parent!

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