Category Archives: Child Custody

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

Child Custody, Crime, Divorce, General Legal, Marriage

Mic Test: “Testing 1, 2, 3…”: Recording in Divorce- Good, Bad & Ugly

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Recording Fever has swept the divorce world, at least, since the 1980s.

Recordings set the record straight, right? It’s incontrovertible proof that so-and-so said what-they-said on any given date.  It’s right there on tape…

Not so fast. First of all is it legal where you are? States have differing laws on recordings. Generally, in this state, recording is legal so long as one person to the conversation is aware that it is being recorded. However, this is not the case in every state and some require all parties know and consent.

Secondly, is the recording a set-up?  There have been instances where a spouse (or ex-spouse) intentionally created circumstances where the other spouse would “blow up.”  Under these circumstances your recording may get you in more trouble than it’s worth.

Third, is the recording complete and unaltered? Recordings can be edited. They can certainly be manipulated.  Recordings must be authenticated, complete and relevant to be considered admissible.

Fourth, is it as valuable as you think? I know a Judge whose opinion is “You need to be focusing on parenting and communicating with the other parent rather than recording every interaction…“

Recordings, either audio or video or both, may well be legal, legitimate, complete and valuable, but it could easily be illegal, under false circumstances, incomplete and of no value. Discuss the laws regarding recordings and admissibility with your attorney.

Matthew Thompson is a Family Law Attorney in Mississippi and warns clients of the possibility of surveillance and recordings, reminding them to say and do things they do NOT mind being played back in Court.

You may  contact Matthew with your family law matter or question at (601) 850-8000

Child Custody, Crime, Divorce, Marriage, Opinion

How Do You Tell When a Lawyer is Lying?

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“His lips are moving.”

Perjury has been blogged about.

Never lie. (PERJURY)  You will get caught.  The truth is easy to remember.  Remember, usually, it’s not the crime but the cover-up that gets you.  The very affluent husband, with a great job, testified that he was unsure of his income, but knew his expenses down to the penny.  He testified under oath that his expenses exceeded his income by over $10,000 per month.  The problem?  He had no debt.  This situation of making $10,000 less than he was spending had been going on for months, if not years, but he always made payroll, carried no debt, had no loans and could not explain how this could be.  Perhaps he had a money tree out back.

Lying to your kids has, as well.

It never fails.  One of the aggrieved parties to a divorce tells the dirty details to the child regarding the other parent.  This is never appropriate or “ok.”  Never. Never to a young child. What about when….? No. Never.

But that parent, with their righteous indignation tells me, or testifies, “I do NOT lie to my child?”  My response?  “Well, what about the Tooth Fairy?“

The Top 5 Lies of Divorce clients are here.

5.  Lies about Income.

4.  Lies about their role within the Home.  

3.  Lies about Other Marital Fault.

2.  Lies about Value$.

1.  Lies about Adultery.

Matthew Thompson is a Divorce Attorney in Mississippi and encourages potential clients to tell your lawyer the truth!

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

Child Custody, Divorce, Opinion, Visitation

Going to Bat for Your…Ex!? – Things Great Parents Do Whether they Like it or Not.

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Ex-spouses.  The scourge of happy families.

Despising your ex is a “fundamental right” that most divorcees have earned. Usually, about half of the time, the ex deserves it. However, there are some involved who do not.  The children.

Promoting and encouraging a good relationship between your ex and the children is usually a very good thing.  You should do it.  How, you ask?

Go to Bat for the Other Parent.

If the child indicates they don’t want to go to visitation or that they would rather go to Jenny’s birthday, don’t acquiesce.  Tell them how important it is to go see the other parent. Tell them how much that time means to the other parent. Tell them how much fun they will have.  Even if you don’t believe it.

Think about if the roles were reversed.  Jenny’s birthday is not that important to your child. It’s just another school friend’s birthday. Time with the Other Parent is Priceless.

Here are some other tips on NOT being a Terrible Parent:

Signs of Terrible Parenting.

How to be a Terrible Person.

And, here’s the Best Thing You Can do for Your Child!

Matthew Thompson is a Child Custody  Lawyer in Jackson, Mississippi and goes to bat for his clients.

Follow the blog: BowTieLawyer Visit the website: Thompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

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