Category Archives: Child Custody

Child Custody, Child Support, Crime, divorce, Modifications, Opinion

Drugs, Sex & Rock-n-Roll…No, Just DRUGS.

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Drugs, it seems, are back on the scene in a big way.  Habitual Drug use is a ground for divorce.  Drug use can be a bar to custody.  Drug abuse is a Crime and can lead to other troubles.

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It’s more and more common for parties in family law cases to be drug tested.  Urine, hair follicles, blood and even finger nails can be tested for drug use.  Depending on the test, results can show drugs or alcohol in your system from 2 days ago up to 90 days ago.  And testing “Hot” is not a good thing.

In your Family Law case the Court will put a lot of weight in a Failed Drug test when determining custody, visitation and credibility.  While a Failed Drug test does not guaranty you will lose custody, it certainly does not help.  It also can matter what type of drugs, how recent and quantities that the test results show.

Use, whether it is “recreational,” “just once” or “I never inhaled” can and will be used against you.  Drug use can also be an element of child neglect/abuse.

Once, I was discussing visitation rights with a non-custodial parent.  I made the comment, “Well, as long as you did not have a meth lab in the garage you have nothing to worry about.”  The response, “What if I did?”  “That’s going to be a problem…“

Now, all is not lost if you have used drugs or are using drugs, IF you STOP!  Court’s like to see people “get their act together” “turn their life around” and “be productive members of society.”  You can see your kids and you may even get or regain custody if you are doing all the right things.

Matthew Thompson is an Adjunct Professor teaching Domestic Relations and a Divorce Attorney.  In the words of Nancy Reagan, “JUST SAY NO!”

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

Child Custody, Crime, divorce, General Legal, Marriage, Opinion

Don’t Date During your Divorce

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“Dating during your divorce is akin to playing with matches and kerosene during a forest fire.” Matthew Thompson

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It is commonly asked by clients, “Can I date others?” The short answer is NO.  In Mississippi divorce there is no such thing as “legal separation.”  You are married until you are divorced.  That means either party could get “fault grounds” against the other at any time prior to the divorce being granted. In general however, it is just a bad idea.

Dating during your Divorce is a bad idea due to the following;

  • Dating involves feelings and emotions which can be misfiring at that point.
  • It involves money and expenses and Court’s look disfavorably of spending on boyfriends and girlfriends.
  • It could wreak havoc on a Custody case if that “new” person is either the wrong fit for your kids or a great fit, but it does not work out.
  • “Rebounds” tend to take a bad bounce.
  • It’s an easy target for your soon to be Ex and his attorney.
  • You may not really know the person you’re dating.

If you have to ask your attorney if it’s okay, it probably isn’t.  Now, having said that, you are still allowed to have a “life.”  You can go out in groups and otherwise socialize.  Just be aware of your surroundings and actions because you never know who’s watching, waiting for you to mess up.

Matthew Thompson, a Divorce Attorney and Family Law Adj. Professor at MC Law, reminds you to do your best to prevent “forest fires!”!

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

 

 

Child Custody, General Legal, Marriage

Name, Name, Name…Messiah to Martin to Messiah.

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We’ve seen in the news a dust-up about a TN Judge that refused to allow parents to name their child “Messiah,” in fact changing the child’s name.

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Mom and dad were in a disagreement over what to name the child, but ultimately agreed on the first name of Messiah and disagreed over the child’s surname (last name).  The Judge crossed the line, however, when she changed the child’s first name over the parent’s agreement to Messiah and objection to any change of the first name.  The Judge cited that the name was not in the child’s best interest and stated there is only one Messiah.  The Judge also noted the name could be offensive to the religious community.

However, 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.  That is not to say all parents do, but the State’s interest is primarily limited to the child’s last name.  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.

The parents appealed the ruling and the matter was quickly reversed.  Messiah, changed to Martin, is Messiah again.  A correct legal outcome, regardless of how you feel about the name.  In Mississippi, a child shall have the surname of the father, if known, regardless of the marital status of the parents.  There is a provision, in the judge’s discretion, to deviate from the the surname of the father requirement, however there must be a compelling reason.

Matthew Thompson is a domestic relations counselor in the Magnolia State 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

Child Custody, divorce, General Legal, Marriage

Marital Privilege – From the Bedroom to the Courtroom.

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We hear a lot about attorney-client privilege, doctor-patient privilege and even priest-penitent privilege, but there exists a marital spousal privilege, though application can be limited and tricky.

A spouse to spouse communication is confidential if it is made privately by any person to that person’s spouse and is not intended for disclosure to any other person.  In any proceeding, civil or criminal, a spouse has a privilege to prevent that person’s spouse, or even a former spouse, from testifying as to any confidential communication between that person and that person’s spouse.  The privilege may be claimed by either spouse in that spouse’s own right or on behalf of the other.

This means that a husband can prevent a wife from testifying about something he told her in confidence.  It also means that an ex-husband can even prevent an ex-wife from testifying about something he told her in confidence, during the marriage.

So, you ask,“How can I testify about what my spouse said in my divorce case?”

Exceptions. There is no privilege under this rule in civil actions between the spouses (including divorce) or in a proceeding in which one spouse is charged with a crime against; (1) a minor child, or (2) the person or property of (i) the other spouse, (ii) a person residing in the household of either spouse, or (iii) a third person committed in the course of committing a crime against any of the persons described in (d)(1), or (2) of this rule. MRE 504.

Matthew Thompson is a family law attorney and warns you not to count on spousal privilege in a divorce action.  So be careful about the content of those sweet nothings that you are whispering.

Follow the blog: BowTieLawyer 

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Child Custody, Child Support, divorce, Grandparent Visitation, Modifications, Opinion

Going to Court is HARD.

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I have blogged recently about Why Settling Your Case is Best, avoiding Court, and Why Going to Court is “Best.”  The gist of the former being settlement is preferred for having a say in the final outcome and having predictability and the latter, going to Court is best when there is no room for compromise.

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Unfortunately, I have been involved in the latter, a case where there was no room for compromise.  From my perspective one party was primarily the aggressor and was encouraged by the attorney to take unreasonable positions and force the matter to Court.  Of course, they did not view their own positions as meritless.  Also, I’m sure they thought my client and I were wretches…

Regardless, hard feelings abounded.  This case had some history.  What should have been a run of the mill divorce and custody matter was extremely contentious and was litigated over an issue that was not an issue.  In Round One, after most of a day of trial, the Court stopped the matter and told the other side they were going to lose on their issue and the case did settle.

But, like the A-Team, they had a plan!  Just a few months after it was final they decided another bite at the apple was proper. Based primarily on speculation…which was eventually admitted at Court, the other side sought to change the deal they had agreed to just months prior.  Round Two in Court was based on rank speculation.  After hours of testimony, haughty lecturing, and what can only be described as highly stylized testimony by the aggressive party and deeply emotional testimony by the other, the Court dismissed the case.

So, what is the take away?  Sour grapes?  I don’t think so, at least not  on my part.  It made me realize, yet again, Court is HARD.  It is not fun.  It is emotional.  And, even when you win, nobody wins.  Here’s what else can be guaranteed, when you successfully defend against baseless claims from the other side who thinks they are completely in the right when they are not, you better get ready for posturing and Round 3!

Matthew Thompson is a family law attorney and knows that sometimes even when you win you don’t win.

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

Child Custody, Child Support, divorce, General Legal, Opinion

Why Going to Court is “BEST.”

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This post is advice rarely given or taken.  I have previously blogged on Why Settling Your Case is BEST!.  Settlement is usually BEST, but sometimes Court is inevitable…

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Why going to Court is Best, or the BEST alternative;

  • It allows you to tell your side of the story.
  • Somethings you CANNOT compromise on.
  • The Judge may be in the best position to hold someone accountable, who needs to be!

Commonly, settlement is your best option. It gives you say in the final outcome, whereas letting a Judge decide your case can remove what say you may have.  Sometimes what you want and what a Judge can award are not congruent.  However, sometimes what the other side wants, a judge would not give them.  Going to Court can be therapeutic. Going to Court can also show that you are serious and won’t back down from a fight.  Going to Court can also backfire, cost more money and end in a result that is more difficult to live with.

Matthew Thompson is a family law attorney and goes to Court often, but usually when settlement has failed or stalled.

You may contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

Child Custody, Child Support, General Legal, Modifications, Visitation

Emancipation Proclamation (Having minority status removed from a Child)

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Emancipation is the process of having a child, a person under 21 in Mississippi, “declared” an adult, removing their status as a minor.

Emancipation shall occur upon the child;

  • Attaining the age of 21 (unless agreed to extend, but not shorten)
  • Marrying
  • Joining the military and serving on a full-time basis
  • Is convicted of a felony and is sentenced to incarceration of two (2) or more years for committing such felony

Other forms of Emancipation include Court-Ordered Emancipation when your child;

  • Discontinues full-time enrollment in school having attained the age of eighteen (18) years, unless the child is disabled
  • Voluntarily moves from the home of the custodial parent or guardian, and establishes independent living arrangements, obtains full-time employment and discontinues educational endeavors prior to attaining the age of twenty-one (21)
  • Cohabits with another person without the approval of the parent obligated to pay support; “cohabits” generally means living together as if husband and wife.

Having a child emancipated ends child support obligations and ends the parents responsibilities for that child.  That child is now an adult, as far as the parent’s obligations go.

Emancipation may be sought for a variety of reasons.  The parent and child could have a bad relationship, the child may need to enter into a contract or may desire to make a medical decision contrary to the parent’s wishes.  Emancipation may be brought on by either parent and/or the child, through a next friend.

Matthew Thompson is a family law attorney in Mississippi and reminds you a minor is a minor in Mississippi until 21, not 18.

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, Child Support, divorce, General Legal, Marriage, Modifications

Don’t Bring Your Child to the Meeting With the Divorce Attorney (Video)

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A prior blog brought to life!

Bring your complaints, questions and a financial statement. Don’t bring your child.

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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