Category Archives: Child Custody

Child Custody, Crime, Divorce, General Legal, Irreconcilable differences, Marriage, Modifications, Opinion

The BEST 2 Rules for Handling your Divorce Case; Don’t Threaten and Don’t Bluff.

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2 Rules in Family Law and Negotiations to live by involve messing with the bull.

Frank Evans, Matador

#1 Don’t Threaten.  Do NOT threaten to take anyone’s kids away, ever. Do NOT threaten to take them to the cleaners. Do NOT threaten to put them under the jail, in the poorhouse or any other unsavory place.  Threats, usually, do NOT work and they incite anger, rage, irrational conduct, fear, resentment and a whole lot of legal fees.

#2 Don’t Bluff.  Bluffing and getting called on it shows weakness, lack of nerve and gumption.  Bluffing in the form of impossible threats, false deadlines and unattainable goals bolsters the other side and invites counter attacks.

So if we cannot threaten and cannot bluff what do we do?

#1  Explain the two courses of action available. 1) The easy way; Settlement, Mediation, working in common accord or, alternatively, door #2) Litigation.  Do not threaten action.  Take action.

#2  Do it.  Do NOT bluff, follow through with taking the actions necessary to accomplish your goals.

Matthew Thompson is a Divorce Attorney in Mississippi, Adjunct Law Professor at MC Law, and part-time soccer coach… and reminds you that when you mess with the bull, you get the horns…

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, Marriage, Visitation

Best Parenting Advice? Be a Reasonable Parent…All the Time.

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Daily, I am contacted about dilemmas concerning what to do and how to do it regarding parenting?

Can he come to the school program?

What happens if she’s late?

What if…?

The best single piece of parenting advice is;

BE A REASONABLE PARENT ALL THE TIME!

Of course he can go to the school program.  Almost anyone can go to the school program.  It’s a safe bet that if it’s open to anyone he can go, unless there is a valid Court Order stating otherwise.  If she’s running late wait 15 more minutes.  Send a text, or bless-it-be, call.  See why she’s late.  She was late to everything you ever did in 12 plus years of marriage!  Why would it be different now?

What if…? As to “What Ifs?” Ask yourself what would a reasonable parent do.  Read more about the best thing you can do for your child here.

So, invite your ex to the next event for your child.  Go out of your way to be cordial and at least not hostile.  Your child wants them there.  TEll yourself that you are being the “bigger” person, if you have to.  It’s what your children need!

Matthew Thompson is a Family and Child Custody attorney in Mississippi reminding you that acting in your children’s best interests should be your #1 priority!

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, General Legal, Modifications

Don’t Wait 2 Years.

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All too often I hear from a potential client months or years after an event that they NOW want to use as the basis for a significant change.

The call comes in and goes something like this;

Potential Client:  My ex took our child, moved to California and did not tell me.  She can’t do that, right?  What can I do about it?

Lawyer:  What was the custody arrangement and when was the move?

PC:  She had physical custody and moved 2 years ago.

Lawyer:  What have you done the last 2 years? Have you seen the child?

PC: Oh, I’ve seen her some, around the holidays and the summers, but now I want custody.

Lawyer:  Is the mom unfit? Is the child in danger or trouble?

PC: No, but she took her out of state. That’s kidnapping, right?

It’s not kidnapping and the move will likely not serve as the basis for a custody change with nothing more.  Also, your failure to act in a timely manner will be used against you.  Even though you did not “agree” you’re conduct showed you “acquiesced.”  Acquiesce means to “agree” by being silent or by not taking action immediately, objecting to the change.

It’s not just in Custody matters either.  Marital fault, financial shenanigans and other improper conduct is lessened with time.

Matthew Thompson is a Mississippi Child Custody Law attorney and advises Don’t Delay, Call Today!

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

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Child Custody, Child Support, Divorce, General Legal, Grandparent Visitation, Irreconcilable differences, Modifications, Visitation

But, I Cannot Afford an Attorney…Low to No Cost Help is Out There.

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Can you afford an attorney?  More often than not, you cannot afford to go without an attorney!

Oftentimes I hear, “I want the best!

We’re going to take this one all the way!

No, I don’t have any money...”

Having no money is a problem, but more often than not it’s more of not being willing to pay the money you do have.  In Family Law, in all but the rarest of incidences you do not have the right to have an attorney appointed to represent you.  This is a common misconception.  In the Criminal arena you do have the right to an attorney.  While Civil issue may be no less important to you the protections afforded to Civil litigants are typically lesser.

So, what do I do?  If you really have no money there are 3 great resources for Civil Litigants.

  • Mississippi Volunteer Lawyers Project.  MVLP handles civil matters, through volunteer attorneys for low income persons in Mississippi. (Primarily Uncontested Divorces, Guardianships and Expungements, etc…)
  • Phone: 601-960-9577      Fax: 601-944-9678     Email: mvlp@mvlp.org           Jackson Office.
  • Mississippi Center for Legal Services.  Legal Services handles civil matters, through in-house and some volunteer attorneys for low income persons in Mississippi in a variety of Civil matters. (Uncontested Divorces, Adoptions, Name Changes, Disability, Consumer, Education Law matters, etc…)
  • Contact the State-wide Intake Hotline at 1-800-498-1804
  • Mission First Legal Aid.  Missions First uses a combo of in-house and volunteer attorneys, but offers a more limited scope of representation. (Family law matters, Government Benefits, Housing,and  Debt,  but they do not handle divorce cases.) Approached from a mission, christian-based model of service.
  • Legal Aid Office, please call 601.608.0056

Matthew Thompson is a Mississippi Family Law attorney and volunteers with all 3 entities above.

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, Child Support, General Legal, Visitation

Why a Lawyer Does NOT Call You Back.

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It’s just a “…quick question.  Just one question. Does the father of my baby have any rights and will I get in trouble if…”

We all get them. A voice-mail left in the inbox, an email or a comment/question on the website.  The problem is answering just one question could very well be considered rendering legal advice.  Upon that being done, a lawyer’s responsibility can grow exponentially. Huh?

You call and say;

“this is Miranda. I just want to know if Ricky can see my baby and if I’ll get in trouble if I don’t let him.  We went to court some years ago and the judge said he had to pay but that I had custody…”

There is no way to answer the above adequately without more information.

  • What did the Order state?
  • Who has legal custody?
  • Who has physical custody?
  • Does he have visitation?
  • Why are you refusing?
  • Is he dangerous?
  • What was he ordered to pay?
  • Is he in arrears?

Without more information any answer is dangerous and could very likely be wrong.  And once you’ve relied upon it and then sued over it you say, “Well, Lawyer so-and-so told me to do “x.”

That is why lawyers do not call you back when you are not a client. (When you are a client and don’t get a call back is another story entirely, and a blog for another day.)

Matthew Thompson is a family law attorney and sometimes cannot respond to the comments and questions left on this site because of lack of information.  Additionally, if you do not include a means to contact you directly the only way to respond is through a public posting which would require disclosing your information which is generally not appropriate.

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

Happy Mother’s Day!

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Mother’s Day is Sunday.

The 4 Thompson Mothers

Make sure that the mother of your children is recognized.  Mothers are the most influential force on a child.  Dads are important, no doubt, but a hug from mom makes everything better.

Too often, in separated families, the dad takes the position that “well, she’s not MY mother” and  leaves it to the kids to take care of.  Don’t.  Help your child get an appropriate Mother’s Day gift, every time.

Send flowers, give a card – handmade by junior is a winner every time, a gift certificate for a massage, a dinner, the movies, or bowling, whatever it is, Do it.

Thompson Law Firm wishes all of the Mother’s out there a Happy Mother’s Day!

Matthew Thompson is a Divorce and Domestic Relations Attorney in the Magnolia State.  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, General Legal, Opinion

Don’t Trash Your Ex Publicly.

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Sure they probably deserve it, but what is the old saying?

Never wrestle with a pig because YOU get dirty and the pig likes it. –

George Bernard Shaw

It is hard, sometimes seemingly impossible to pass up a good opportunity to besmirch the ex, however telling the Homeroom teacher you are unsure about how you are going to pay for Jr.’s field trip because his dad is a deadbeat isn’t right, especially when it’s not true.  The problem is, even when it is true, it is still NOT right.

Saying negative and hurtful things about the other parent always backfires.  In the day and age of twitter, FaceBook, texting and digital recorders- assume all conversations are heard, overheard, recorded and shared.  This means it gets back to the other parent, back to the kids and is as bad as the tattled-upon conduct.

Also, don’t assume your anonymous blog posting is really anonymous.  You have a unique ISP#, your online activity, site visits, time of the visit and duration of the visit are retrievable information.

Matthew Thompson is a Family Law Attorney in Mississippi and cautions you that if you would not say it your Mom, then you should not be saying it to someone else about your Ex.

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, Child Support, Divorce, General Legal, Grandparent Visitation, Irreconcilable differences, Marriage, Modifications, Opinion, Property Division, Visitation

Judge’s Race Just Got Interesting- 11th District Chancery Election is Now Contested

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Previously we blogged about “We the People” getting to pick our Judges.  This year is an election year for most Judgeships in Mississippi and only a few were contested.

img_6390Now, the Sub District One Seat for Madison, Leake, Holmes and Yazoo counties is contested. (See the full candidate list here, current as of April 16, 2014.)  This Court hears matters involving wills and estates, support and custody of minor children, divorces and alimony, and lunacy or commitment hearings.  The Judges also handle other matters, such as petitions to incorporate or enlarge a city, the establishment and management of drainage districts, children’s welfare funds, and other projects.

Attorneys Robert Clark, III, of Lexington, and Barbara Ann Bluntson, of Ridgeland, have both qualified to run for the seat currently held by the retiring Judge Janace Harvey-Goree.  The prevailing candidate will serve as Chancellor over all matters filed in Chancery Court in Holmes and Yazoo Counties and approximately 1/4 of the matters filed in Madison County, if past practice holds true.

Attorney Clark has served as a Youth Court Judge and Municipal Court Judge in Lexington/Holmes County and private practitioner.

Attorney Bluntson has served as the City Prosecutor for Jackson, handling criminal matters, violation of city ordinances and matters pertaining to Domestic Violence.

The qualifying deadline is May 9, so stay tuned to see if any other hats are thrown in the ring.  The election will be November 4, 2014.

Matthew Thompson is a Family Law Attorney in Mississippi, practices frequently in the district at issue above, and is very interested in watching this election and learning more about each candidate. Stay tuned!

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

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