Category Archives: Child Custody

Child Custody, Child Support, General Legal, Opinion, Visitation

Paternity; Determining Baby Daddy

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Paternity…Filiation…Who’s Your Daddy, whatever you call it, it’s the process where the Court determines who the biological father is and what his rights and obligations are.

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Mississippi Law provides a number of statutes dealing with the Law on Paternity. Miss. Code Ann. 93-9- 1, et seq.

93-9-7 provides that the father of a child born out-of-wedlock is liable to the same extent as the father of a child born of lawful matrimony.  The father can be liable for the “reasonable expenses of the mother’s pregnancy and confinement, and for the education, support, maintenance and medical expenses related to the child.”  Additionally, a father can be liable for past support and maintenance for a period of one year prior to the filing of the paternity action.  The father may also be ordered to pay the mother’s reasonable attorney fees.

Either the mother, the father, or any public authority chargeable by law with the support of the child may bring a paternity suit.  This is what allows DHS to pursue these matters.  The statute provides that once paternity is established the child shall have the surname of the father.

These actions may be brought in Chancery Court, Circuit Court or County Court, though most often are brought in Chancery.

Any agreements between the mother and father must be approved by the Court to be enforceable.  A voluntary acknowledgement of paternity by a father is subject to a one year limit to challenge paternity.  After one year, the only way to set aside a paternity Order is to show fraud, duress or material mistake and that you are not the father.  Be careful about this.  I always recommend a DNA/blood test, even if you “know.”  If you are wrong you may still end up on the hook financially.

Also, if you find yourself in a paternity suit be sure to file for a determination of custody and visitation.  DHS will not always do this and you could end up with financial obligations and no specific rights to see your child.

Matthew Thompson is a family law attorney in Mississippi and encourages you to hire an attorney if you find yourself in a paternity case.

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, Child Support, Divorce, General Legal, Modifications, Visitation

Riding the Wave – “Coping” with Family, Law and Family Law

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One of the best pieces of advice is to “ride the wave.”  In family law, such as life, adversity is a given. How you respond is the key.

How you choose to deal with that adversity will directly contribute to the results you get.  Oftentimes it is a common reaction to fight fire with fire, and we all know the eye for an eye sentiment, but that may not be the best response.  I have previously blogged on dealing with stress and uncertainty.  This one is a little different. It is not so much how to cope, but to try to use the adversity to your advantage.

A great example was when I was faced with a young father being sued for an increase in child support.  He had experienced an increase in  income and was really starting to enjoy life.  The ex sued him and he viewed this as ‘just his luck.’  I explained that she may be entitled to a child support increase, that he was paying a very low amount from a previous order, that some time had passed since last being in Court and that an increase was due.  As I discussed his situation he disclosed some frustration with the visitation schedule. How his new job, while paying well made the current schedule difficult to work  and the ex was not too easy to get along with.  I told him that since we are “going to court” that we should seek a visitation modification.  He did not want to make things worse. I told him it would not. Ultimately, an increase in support was negotiated along with a visitation schedule change that allowed him more time.

He rode the wave, sure it cost more money, but that is what the law requires once you subject yourself to the Court system.  He used the adversity to get a better result.

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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Child Custody, Divorce, General Legal, Irreconcilable differences, Modifications, Opinion, Property Division, Visitation

Why is my Court Hearing Somewhere Else?

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Mississippi has 20 Chancery Court Districts and 49 Chancery Court Judges, but Mississippi has 82 counties.  Most Chancery Court Districts, therefore, include more than one county.

You file your case in your home county’s Chancery Clerk’s Office, most often.  This is the appropriate “jurisdiction.” One District has a first and second judicial district, being Hinds County.  Most districts, however, include more than one County.  In that instance you still file in your home county, but you may well see the judge, have Court, and otherwise be in another County for your case.

I have been asked and have heard litigants try to use this as an advantage.  Perhaps not having to testify at home, making witnesses have to drive, or having Court somewhere else will lead to a better result. It doesn’t.  It is the same Judge, the same facts and in most instance just 30-45 minutes this way or that way from the other Courthouse.

One thing to remember when having litigation in multiple counties is to be mindful where the Court file is.  It is the lawyer’s job to see that the Court file makes it to Court.  I have seen time and again someone forget the Court file and the Judge be unwilling to take action until it can be retrieved or recessed until another day when it can be obtained.

I was involved in a 10th District case, commonly thought of as Hattiesburg, but had actual Court hearings in 5 different counties throughout the pendency of the case.  In no particular order, we had a trial and motion hearings in 1) Forrest County, Hattiesburg; 2) Lamar County, Purvis; 3) Marion County; Columbia, a temporary hearing in 4) Pearl River County, Poplarville, and a motion for New Trial in 5) Perry County, New Augusta.  Each hearing had the same judge, attorneys and parties, but were in so many different places because that is where the Judge was the days we had court appearances.

Matthew Thompson is a Family Law attorney, with a statewide practice, and recommends you hire a lawyer either in the area of where your case is or a lawyer who practices in that area.

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, Opinion

Don’t Bring Your Child to the Divorce Lawyer Meeting.

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Things happen. I get that.  But, generally speaking you should not bring your child to your first meeting with the divorce attorney.

The first meeting with the divorce attorney is tough, emotional and can be embarrassing.  At least, you could be discussing potentially embarrassing and confidential matters.  This is no place for small children.  They will be bored, hungry, thirsty, have to use the bathroom, and will break things in the office.  They will eat all of the candy in the dish, touch all the nick-knacks, and if their sibling is there a fight will ensue.  They will be loud, hot, cold, sleepy, wired, angry and goodness only knows what they will overhear and repeat at the most inopportune time.

Attorneys probably take for granted that the client knows not to bring their children to the meeting.   Don’t.  I try to make sure the client has thought about not bringing the children to the meeting.  It is genuinely rare that there is no other option.  So, if you are a client the only time to take the children is when the attorney requests it.  Otherwise, do NOT take your children to the meeting.  If there is no other choice, reschedule.  If you cannot reschedule, let the attorney know that you must bring your children and bring another adult to watch the children.

Matthew Thompson is a Family Law attorney and implores you to please NOT bring your children to the meeting with the lawyer.

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, Marriage, Modifications, Opinion

5 More What NOT To-Dos in Family Law

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I have blogged on FaceBook Don’ts several times.  5 Family Law FaceBook Don’ts & 5 More FaceBook Don’ts.  This one is a little more general, but are still things NOT to do in Family Law matters.

  • Don’t Follow Bad Advice Blindly.  If your attorney advises you to break into the house and take everything, including the dishwasher and the stove, think twice. Who does that? Who gives that advice? How could a Judge ever think that was a good thing? Click here for more. Bad Advice = Bad Lawyer.
  • Don’t Make it a WAR if you Don’t Have to. It only makes the lawyers more money.  You get less. Go to WAR only when it is absolutely necessary. Life and safety.
  • Don’t Solely Blame the Other Side. This piece is sometimes tough to swallow. That SOB you married may be mostly at fault, and sometimes completely at fault, but it’s rare that it is one side’s fault 100%. Acknowledging your culpability, at least to yourself, will help you process what you are going through.
  • Don’t Bad Mouth the Other Parent. It may be true. He may deserve it. You may tell the Judge, your counselor and your lawyer. No one else needs to know.
  • Don’t Forward the Children Communications Between you and the Other Parent. This is so inappropriate. Placing the children in the middle of a parental dispute is a classic symptom of parental alienation. If you are doing this you better watch out. You may not be able to stop the advice given in number 2, above.

Matthew Thompson is a Family Law attorney and tries to give good advice.  It may still not be easy to follow, but it is designed to create less havoc, not more, usually.

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Child Custody, Child Support, Crime, Divorce, General Legal, Marriage, Modifications, Opinion

What’s the Right Answer? (Family Law Conundrums)

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Basic Family Law 101: (in most instances)

zicornicusso/freedigital photos.net

If you don’t know what the “right” legal answer is, do what’s “right,” and you’ll be fine.

-Matthew Thompson

Matthew Thompson is a Family Law Attorney in Mississippi.  That is all.

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, Opinion, Visitation

-Every Other Weekend- It’s not just the weekends anymore.

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“Standard” visitation is a term thrown around by lawyers and the Courts, but there is no such thing in Mississippi.

Having said that, Judges do have a standard visitation schedule.  Confused yet?

Standard visitation is thought of as every other weekend, from Friday at 6:00 pm until Sunday at 6:00 pm.  It  includes Wednesday afternoons from 4:00 pm to 7:00 pm during those weeks a parent does not have weekend visitation, and 4 weeks in the summer (non-consecutive), and alternating major holidays.

One of the most difficult things to explain to a divorcing parent who will no longer be living with their children is that they may not be able to see the children anytime they want to.  This is disturbing to me, to them and it should be to the Courts.  That just because a mom and dad are getting a divorce that they can no longer live with or be with their children a substantial amount of time.

I encourage generous and liberal visitation. I encourage joint custody, but acknowledge there are circumstances where it is not best.  Also, there are some parents that don’t want it.  Every other weekend is fine.  The parent can work and go out and have a life and then have a fun weekend with the kids, while the other parent is harping on them about grades, homework, bedtime and being well-behaved.  It seems there is always a “Disney Dad,” that has elaborate trips and fun planned for his weekend, while the full-time mom is making egg-carton planters, explaining the wonders of growing bell peppers from seeds.

So what do you do?  Be reasonable.  Look for ways to allow the other parent to actually parent. Click here for the best thing you can do for your child! If you are on the receiving end of every other weekend, seek more. Ask for it.  There is a trend in the law where non-custodial parents, usually dads, are getting more time.  In fact, in Rankin County Mississippi there is a judge who regularly awards every other weekend, but defines it as Wednesday to Monday every other weekend.  The pick-ups and drop-offs are at school.  There is less opportunity for mom and dad to have contact and typically less conflict.  It affords a non-custodial parent a lot time.  This may not be right in every situation, but it is better than the alternative, usually.

Matthew Thompson is a family law attorney in Mississippi and thinks parents should continue to be parents even if they are no longer living together.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

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Child Custody, Divorce, General Legal

No Jury, No Problem.

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The right to a speedy trial by an impartial jury of your peers is guaranteed by the Constitution via the 6th Amendment, but only in Criminal matters.  Divorce and custody are considered civil matters and you will NOT have a Jury.

It’s a common question of what will the jury think of me.  They won’t.  All divorce, child custody and most every matter in Chancery Courts are “bench trials.”  That means the Judge is the trier of fact and determines the witness’s credibility and applies the law to the facts to determine the outcome.  A bench trial is a Judge trial.

As an aside, there is one instance of a jury trial in Chancery Court.  In a Will contest, if requested, the parties may have a jury trial.  A lot of the Chancery Courtrooms don’t even have a jury box, as a jury trial in Chancery Court is exceedingly rare.

Matthew Thompson is a family law attorney in Mississippi.  You will not be entitled to a jury of your peers in a divorce case.

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@wmtlawfirm.com.