Category Archives: Child Custody

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.

Follow the blog: BowTieLawyer 

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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.

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

Car Wreck Attorney = Car Wreck Divorce

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Hiring a Non-Family Lawyer for your Family Law Case May NOT be Best. I am not disparaging Car Wreck attorneys, except to the extent that they should not be taking on a contested divorce case unless they know what they are doing.

All too often I find myself dealing with a client’s divorce after the fact.  After they had a non-family law attorney “handle” it for them.  It is NOT pretty.

There is a misconception among attorneys that regardless of anything else, you can always do Divorces and Wills.  This claim has shown true, especially in the economic climate we are currently experiencing.  There is a glut of “divorce” attorneys who aren’t.

The benefits of having an experienced attorney handle your matter are countless.  An experienced attorney knows the ins and outs of the law, knows the particulars of the local judges, and knows the other attorneys that practice in the area.  This knowledge and experience is INVALUABLE.  Additionally, experience is the best teacher.  Practicing family law for close two decades, or longer, is always advantageous to 1) having studied domestic relations in law school and 2) helped your neighbor’s cousin in his divorce.

Want to know that you are being represented and represented well, get an attorney experienced in the area of law you need.  Want your divorce to be a Car Wreck, hire a Car Wreck attorney.

Matthew Thompson is an experienced family law attorney in Mississippi and would hire a car wreck attorney to handles his car wreck case, not a divorce.

Follow the blog: BowTieLawyer 

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

Child Custody, Divorce, General Legal, Opinion, Visitation

Emergency! The 411 on 911 in Court

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I get the call, at least, weekly.  It is an EMERGENCY!  I have to get into Court yesterday to solve some critical issue.  However, once I start asking questions the emergency is more like an inconvenience.

For Court purposes, think of an emergency as being a true emergency; danger of life or limb, or the immediate threat of imminent and irreparable harm.

The Court judges emergencies on a case by case basis to make sure they have merit.  Some examples  of emergencies include;

  • when the custodial parent refuses life saving medical treatment, against medical advice
  • when one parent absconds with a child, it’s not “their” time and refuses all contact
  • when a parent is using illegal drugs in the presence of the child and/or exposing the child to that lifestyle
  • is abusing the child
  • is neglecting the child

Some examples of non-emergencies, at least for Court purposes;

  • is 15 minutes late for a pick-up or a drop-off, even multiple times
  • stops paying the house mortgage
  • forgot to give the recommended dose of antibiotics
  • returns the child in the same clothes that he was dropped off in
  • returns the child with a scratch or bruise caused by kids being kids

Emergencies are quite often judgment calls and the Judges treat these seriously when they are serious and are nonplussed when a lawyer files an Emergency Petition over a non-urgent circumstance.  The Judges are also somewhat on guard against persons using ERs for tactical advantage and this can and does backfire on the petitioner if it is not a true emergency.

Matthew Thompson is a family law attorney in Mississippi and is careful on the draw about declaring emergencies.

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, Opinion

Why Settling your case is BEST!

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“I want a bulldog!”  

“I want to take him to the cleaners!”

“It’s the principle!”

Oftentimes I am asked the difference between settling a case and litigating a case to a conclusion.  In my experience, more often than not, settling your case leads to a better result.  Here’s why.

  • It eliminates the uncertainty of a Court ruling. You know what you get.
  • It usually results in a quicker end.
  • It can save money.
  • Settlement gives your more control and “say” in the final outcome.
  • Settling your case allows the matter to end on a “positive” note, perhaps more amicable than otherwise.

Cases can be settled through a variety of ways, through negotiation or mediation, either through the parties, through the attorneys or a combination of both.

These are just some of the reasons why settling your case may be best.  However, there are also those cases that cannot be settled.  Typically, hotly contested custody cases cannot be settled because both parties genuinely believe that they have to fight for what they think is best.  And sometimes the other party is just a big jerk that makes everything a fight!

Know this;

  • People don’t get taken to the cleaners (unless they agree).
  • Suing on principle is unsatisfying and expensive.
  • Bulldog lawyers seldom make a difference in the outcome, they only alter how you get there.

Matthew Thompson is a family law attorney in Mississippi and can attest that big jerks can try to fight, but usually get what they deserve…

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Child Custody, Divorce, General Legal, Visitation

War Stories; A “Bump” in the Road

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Client sabotages own case.  Story at eleven.

FACTS:  A mother lost custody, temporarily, due to being arrested for driving on a suspended license.  The father was given the child and while mom was in jail he filed a fault based divorce, sought custody and had her served.  Mom was finally released and began the process of regaining custody.  Mom filed an Answer and a claim for custody herself.

At a temporary hearing, which is a legal band-aid to address custody and finances, mom presented her case.  Upon being cross-examined there were numerous questions about alleged drug use.  Well, fortunately, mom had been thoroughly interviewed and prepared by her lawyer.  Her ONLY dirt was the suspended license.

Mom denied the drug allegations as laughable. Some of mom’s financial records were introduced that showed her in some shady parts of town at unseemly hours. This was shown through ATM transactions. However, mom was a waitress at night and just blew off some steam with some co-workers and got beer money. No harm, no foul.  Then mom was asked about a pipe that was “found” in her belongings.  “Not mine,” she quipped.

The Court was ready to rule. The Judge indicated that it seemed dad may have taken advantage of mom’s unfortunate circumstances. It came out that he may have tipped off law enforcement that she was driving on a suspended license. That Jerk!  But, “out of an abundance of caution” the Court decided to Order hair follicle drug tests. In fact, the Judge ordered that they were to report to get tested that day, before 5:00 p.m., to have the results furnished to the Court directly from the testing facility and then, assuming all clear, he would determine the custody and visitation for each.

On the way out of the Courtroom mom asked…

“Can I delay the test?”    “What?!!!”    “I may have had a “‘bump...(of coke).'”

Nope. Not taking the test was not an option. Only the worst could be assumed from that. Mom took the test and failed, miserably.  A No Contact Order was entered. Dad passed. Mom lied.

Final Result:  A few weeks later the parties reconciled! Case dismissed.

Matthew Thompson is a Child Custody Attorney in Mississippi and while there may be bumps in the road it does not mean you should cause the bumps.

Follow the blog:#BowTieLawyer  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

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