Category Archives: Child Custody

Go to Your Kid’s Programs.

When can I go to my Child’s school?

Being divorced impacts all aspects of life. A lot of times you can keep certain aspects quiet or private, but when children are involved issues spill over into school.

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Under normal circumstances, regardless of the custody arrangement, you can go to your child’s school programs. It doesn’t have to be “your” time.

About the only times this is not true is if the Court has imposed specific restrictions preventing this or if the event is not open to all parents or you’re otherwise not welcome at the school.

So, if you can go, Go!

Matthew Thompson is a Family Law Attorney and does his best to put Family First.

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

 

Little People, Big Divorce?

Well, I guess it was bound to happen.  According to People magazine, thestir.com and a plethora of other online sources the Roloff’s, America’s Little Couple, have separated.
Amy Roloff Matt Roloff
http://thestir.cafemom.com/entertainment/169562/little_people_big_world_stars

The stars of Little People, Big World, which regales America with the Roloff’s somewhat hectic life, dealing with dwarfism, and running a farm in Oregon have announced a trial separation.  The two apparently intend to continue to work together, on the farm and on the TLC program which made them familiar to millions.

In Mississippi, a trial separation just amounts to not living with each other and does not require any Court process, as there is No Legal Separation. In Oregon, Legal Separation is recognized, and while allowing for the marriage to remain intact it provides for the parties to live apart, can divide property, divide debt, determine support, if any and provide for parenting plans.

Despite their many on-air disputes, here’s hoping they can resolve this amicably for the little and not-so little people in their lives, their 3 children.

Matthew Thompson is a Divorce Litigation Attorney in Mississippi and can handle your matter whether it’s big or little.

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

Through the Eyes of Child; What Does Your Child SEE?

One of the “rules” of Family Law is when you don’t know what the right legal answer is, do what is RIGHT and you will probably be okay.

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Doing what is right is not always easy, nor fun.  On several occasions I have had client’s faced with seemingly tough decisions or circumstances.  One client suspected the spouse of abusing illegal drugs.  They did not have direct proof, but knew of drug abuse in the past and had knowledge of very suspicious behavior lately.  Their idea was to create a circumstance where they would have the spouse under surveillance when the spouse was out buying drugs.  The problem was the suspected spouse would also have the child during that time.  I told them that you cannot put your child in that situation…

In other instances, parties have had the other spouse served while they had the children.  The problem with this is that it is scary and stressful for the child. Sometimes, it seems, having them served in this manner just cannot be avoided, but if it can, it should be.  (See my prior blog on service of process.

Think about your child,what they are experiencing and what they “SEE” before you go and do something to your soon-to-be ex-spouse.

Matthew Thompson is a Child Custody Attorney in Mississippi reminding you to SEE things through the eyes of your child.

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

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It’s Soccer Saturday!

Spring is right around the corner and soccer season is in full swing. We have a double header today and will spend most of our day outside at the soccer field.

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I sponsor and coach an Under 6 girls soccer team. There are 2 critical issues when coaching 5 & 6 year old soccer. 1) Jersey Color. Our team got Pink so our season was a victory without playing a game! And, 2) Snacks! The secret to a successful soccer season is having great snacks!

Matthew Thompson is a Family Law Attorney in the Magnolia State and he knows snacks!!

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

Common Divorce Vocabulary- 8 Terms to Know

Lawyers have their own language. It’s a mishmash of legal jargon, Latin phrases, arcane vocabulary words and .50 cent words to make us sound smart.  Here are just a few of the common terms.

Final Judgment of Divorce, or Final Judgment or Decree of Divorce or Final Order of Divorce.

This is the technical divorce.  This is the document that once signed by the Judge and filed by the clerk means you are divorced.  Every single case will have this document.

Property Settlement Agreement, PSA, Marital Dissolution Agreement, MDA, Final Separation Agreement, etc.

These are your “divorce papers.”  This recounts your rights, obligations, and the terms of your divorce. If your divorce ended via an Agreement you will have one of these.

Opinion of the Court.

These are your “divorce papers” if the Judge decided your case.  If you did not agree, but went to Court and the Judge ruled you will have, most likely an Opinion and Final Judgment.

Qualified Domestic Relations Order

This is how divisible retirement accounts are divided and apportioned to each party without tax consequences.  Commonly referred to as a QDRO (pronounced quah-drow) .  Depending on what you do with the funds after the QDRO transfer ultimately determines if there are taxes, what amount and penalties, if any.

No Fault Divorce.

It’s not technically “No Fault” in Mississippi, but rather Irreconcilable Differences or (ID).  This requires the parties to agree to the divorce and all the terms, which include custody, support, alimony and division of the property both real and personal.  This would be detailed in the Property Settlement Agreement.

Fault Divorce.

A divorce granted on fault grounds; adultery, cruelty, drunkenness, drug use, etc.

Real Property.

The house(s) and land.

Personal Property.

The stuff; cars, couches, TVs and spoons.

Child Custody

A determination of both legal and physical child custody.  Sometimes referred to as primary or joint or sole or paramount.  Each possibly meaning something different and then Visitation thrown in for good measure.

Matthew Thompson is a Mississippi based Family Law Attorney and Adjunct Professor of Domestic Relations.  Knowledge is Power, the more you know…

Follow the blog: #BowTieLawyer 

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You’re FIRED!

In a follow-up to a blog this past September, a TN Judge has been removed from the bench due to her actions.

As you may recall the TN Judge changed the name of a child from Messiah to Martin over the objections of mom and dad, who were in a disagreement about the child’s last name, not his first name.  The Judge determined the child should not be named Messiah.

What the Judge failed to consider however is that parents have a constitutional right to raise their children as they see fit, a constitutional right to privacy and a presumption that they are acting in the child’s best interests; this includes naming the child.   TN could determine the last name, which could either be the same as the mother’s or the father’s, but crossed the line when changing the first name.

Now, the Judge has been removed for this among other unreported reasons.  The Judge still faces possible Judicial Conduct sanctions for her actions from the bench.  Mississippi would have reached the same outcome as well.

Matthew Thompson is a Child Custody attorney in the Magnolia State, does name changes and encourages you to know your rights as a parent.

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

 

Don’t be a Rotten Parent

Rotten (adjective, rot·ten·er, rot·ten·est.)

1. decomposing or decaying; putrid; tainted, foul, or bad-smelling.
2. corrupt or morally offensive.
3. wretchedly bad, unpleasant, or unsatisfactory; 
miserable: a rotten piece of work; a rotten day at the office.
4. contemptible; despicable: a rotten little liar; a rotten trick.

Parenting is hard. Co-parenting even more-so especially with the one other person on the planet that you despise the most, but it MUST be done. Rotten parents, unfortunately, exist and some even thrive at their rottenness.  Seldom, it seems, are they actually held accountable for their conduct.

What is Rotten parenting?

  1. Bad mouthing the other parent to the child.
  2. Bad mouthing the child.
  3. Being unreasonable in your demands to spend time with the child.
  4. Being unreasonable in the other parent’s requests for additional time.
  5. Unreasonably interfering with the child’s schedule.
  6. Creating an unreasonable schedule for the child to interfere with the other parent’s time.
  7. Making false abuse allegations.
  8. Perpetrating abuse against the child and/other parent.
  9. Using finances to the detriment of the child.

So, what do you do as a “non-rotten” parent?  You keep doing the right things. Every time. It’s what is best for your child.  And when it’s bad enough, take action and follow it through.

Matthew Thompson is a Child Custody attorney and warns against rotten parenting.

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

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Raising Arizona…in Mississippi.

Believe it or not Arizona is on the forefront of co-parenting and custody arrangements.  The plans and resources available to parent’s do a better job of serving the best interest of the child over some other State’s one-size-fits-all approach to custody and visitation!

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The Arizona Supreme Court website has a “Planning for Parenting Time – Arizona’s Guide for Parents Living Apart” which has numerous schedules, options and ideas for parents with children who are no longer living together.

There are schedules that are age-dependent, meaning the custody times are specifically catered to the age and needs of the child, from infant to the teen years.  There are schedules for when mom and dad are “high conflict,” suggesting the exchanges be at school or daycare so mom and dad don’t actually see each other.  There are schedules for when the parents live great distances from one another and for when they are in the same community.  There are more 1) traditional schedules, 2) week-on, week-off, 3) 5-2-2-5, 4) 3-4-4-3, and 5) provisions for a unique and completely custom schedule based on what you need.

If your goal is truly the best interest of the child, take a page from the Arizona parenting guide and consider what is best for your child when determining custody  Every other weekend is slowly going by the wayside.

Matthew Thompson is a Child Custody attorney and encourages solutions specific to you and not what your neighbor’s friend’s cousin got.

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