Category Archives: Child Custody

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

It’s Your Fault Too.

All too often you are lead to believe that one party is totally to blame and the other party is completely innocent.

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Well, rarely is that the case.  While one party may be more at fault, the main reason for the ultimate split and even provide actionable fault grounds for the other to use, it does not mean the other spouse is blameless.  The common sentiment is that there are 2 sides to every story. In family law there are 3 sides.  His version, her version and the truth!

If you fall into the trap of “it’s all his fault” it does a disservice to you for preparing for the outcome.  Even when it’s all his fault, you don’t take him to the cleaners.  Nobody gets taken to the cleaners anymore.  If they do, they appeal. And when the cleaners are involved these days it is because someone wants out so bad they agree to a deal that they would not get otherwise from the Court or it was the only way out.

While this topic may be touchy, and pointing fingers at the “innocent spouse” may be hazardous to my health, it is nonetheless important to know that there is usually more than enough blame to go around.

Matthew Thompson is a Family Law attorney and will tell you when you messed up and when it’s your fault.

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

Lawyers, Suicide & Family Law

A recent report indicated that the legal profession has the 4th highest rate of suicide among professionals.

Family Law issues lead to a higher rate of depression than average and it is not uncommon for suicide threats and attempts to occur contemporaneously with Family Law matters.

If you find yourself dealing with these issues; family crisis, depression, thoughts of harming yourself or others, seek immediate help.  It does not mean you are weak.  You are human and emotions run the gamut in these situations.  Go to your Dr., seek out a Professional Counselor, your Pastor and/or talk to a lawyer or all of the above.  Oftentimes it is NOT as bad as you think and working with the right professional will aid your recovery.

Know this. Family law issues are NOT the end of your World and are NOT a reason to do something that cannot be undone.  Perhaps it’s cliché, but suicide is a permanent outcome due to a temporary problem.

Matthew Thompson is a Family Law & Divorce Attorney and Counselor at Law and can help when dealing with a family law crisis.

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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Stay “Connected” to Your Kids.

Hello? How are you?  I miss you! I love you!

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That’s it.  If you do nothing else your kids will know that you are thinking about them, that you love them, miss them and desire a relationship.  Too often, in divorce/custody settings, it is easy to fall into the trap of “it’s not my time.”  This trap allows days and sometimes weeks go by with little to no communication.  Sometimes the other parent contributes to this or directly interferes, but you should attempt to do it anyway.

Call, email, text, FaceTime, Skype, send letters, cards, gift cards, and small gifts or trinkets.  It does not have to be expensive, an occasion or ” your time.”

Matthew Thompson is a Family Law & Divorce Attorney in the Hospitality State.  Be sure and show your child your hospitality!

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