Category Archives: Child Custody

Cheetah, Cheetah! (The Cheater Gets Nothing? Not Necessarily.)

02/22/2013 BowTieLawyer Leave a comment

Your dirty, no-good, lying, sorry sack of spouse is a CHEATER. Obviously when the Court hears about this that so-and-so will be excoriated and will never show their face again in town. They certainly won’t get anything, right?

In Mississippi, an Affair is a fault ground for divorce. If your spouse is guilty of an affair it will get you a divorce, but don’t count on that fact alone meaning you get everything and they get nothing. It does not mean that he will have to pay you or that the CHEATER cannot get alimony or even custody.

Back in the olden days, some may say the “Good ‘Ol Days”, a lady was barred from receiving alimony if she were guilty of adultery. This is no more, though contributions to the stability and harmony of the marriage are considered and an affair can play a part in what is ultimately received.

Additionally, a spouse having an affair is not barred from being awarded custody. In the olden days a mom that had an affair could be putting her children at risk. Today, a parent’s adultery or morality pursuant to the Albright Custody Factors is considered, but an affair with no adverse impact to the child – will not automatically mean the CHEATER will not get custody.

So, cheat with impunity? No. Just know that cheating ain’t what it used to be, unless it is.

Matthew Thompson is a family law attorney and Cheetahs do NOT change their spots.

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.

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Child Custody, General Legal, Marriage, Visitation

Great Dad!

Image 02/21/2013 BowTieLawyer Leave a comment

Great Dad!

Dads have rights too.

I don’t know who to photo credit this picture, but hat tip to Hunter Brewer for sharing on FB this morning.

Matthew Thompson is a family law attorney and knows that being a great parent is a full-time job.

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.

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Child Custody, Child Support, Divorce, Grandparent Visitation

‘Til Death, Even in Divorce

02/18/2013 BowTieLawyer Leave a comment

There is an old joke that the only sure things in life are death & taxes. Even in divorce you still have to worry about death and taxes.

Death: I have had several pending cases ended by death. In one instance my client’s spouse died very suddenly of an accident. It ended a contested divorce and custody case that had been progressing very slowly and not particularly amicably. While the divorce and custody issues were over, it created new issues with the deceased spouse’s family. Grandparent visitation issues and intestacy issues arose, since the spouse died without a will (intestate). This made the surviving spouse and children equal beneficiaries. This was something the deceased’s side of the family was not to keen about.

I was also involved in a case where the non-custodial parent got custody of the children when the custodial parent died after the case was “over.” They had been divorced for a few years. But upon the custodial parent’s death the children when back to the surviving parent.

Death does not end the issues you have with the other parent or former spouse. I know a lot of divorcing spouses may think it will solve all of their problems if that so-and-so would just die, but it could leave your children without their other parent. It can create issues with the former in-laws, who now may be pursuing their rights of grandparent visitation. It can create financial uncertainty as support obligations end at death, usually, and there might not be insurance or enough insurance.

Be careful what you wish for…

Matthew Thompson is a family law attorney that hopes your case is not prolonged or shortened due to the death of your attorney. (Taxes will be the subject of another riveting post).

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

Bow Tie, Child Custody, Divorce, General Legal, Opinion

5 More Family Law FaceBook Don’ts

02/12/2013 BowTieLawyer 6 Comments

I previously blogged on 5 Family Law FaceBook Don’ts. This was a very popular blog topic and continues to generate a lot of traffic. This post lists 5 more things you should not be doing on FaceBook with regards to your family law case.

Posting inappropriate stuff on FB is not just an American thing. 1/5 of Australian divorces use FB postings to discredit some testimony that was offered by one party and FB activities are showing up in about 1/3 of United Kingdom divorce cases. Familyandthelaw.com.au

5 More Things not to Put on FaceBook:

Don’t post Pictures of the other party, whether they be flattering or not.
Don’t post Pictures of the children doing activities with captions that note the other parent’s absence.
Don’t post Pictures of your new squeeze in a “Parenting Role” that is intended to inflame the other side.
Don’t comment on your friend’s drama and “one-up” them with your own.
Don’t allow your FB friends to bash your Ex.

Stay tuned for more FaceBook don’ts, as I have enough material to make this one a series and unfortunately am learning of new things not to do on an almost daily basis.

Matthew Thompson is a family law attorney in Mississippi that strives to not put inappropriate things on FB and thinks you should too! #Trust the Bow Tie.

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Child Custody, Divorce

Guardian Ad Litems – Representing Children in Court

02/08/2013 BowTieLawyer 4 Comments

The Judge’s job in a custody/divorce case is to determine the best interests of the children when mom and dad are fighting. The Judge considers mom’s testimony and evidence as well as dad’s and even the children’s testimony (clickable). But there is also another implement in the tool box of information available to the Court, the Guardian Ad Litem (GAL).

A GAL is a person, usually a lawyer, appointed by the Court to take on one of two roles.

1) The first of these is to be an Attorney for the Children. To represent the child in the same capacity any attorney would represent a client, with the same duties, obligations and confidences that every attorney owes to each client. This role is fairly uncommon in custody/divorce actions.

2) The much more common role is that of Investigator for the Court. Judge’s routinely appoint an attorney to serve as the Court’s eyes and ears on the ground. Judge’s are limited to what they can hear.

They are limited by time constraints, objections, admissibility issues, and lawyer’s abilities. A GAL appointed by the Court as an Investigator has much more readily available access to information.

GALs interview mom, dad and the children.
They can interview teachers, doctors, counselors, friends, and coaches.
They can practically speak to anyone they think they need to.
A GAL can inspect the home where the children stay and can do so unannounced.
GALs can pay surprise visits.
GALs can access school records, medical records, counseling records.
GALs can request medical evaluations and even psychological evaluations.
GALs, by and large, can do what is necessary to get to the bottom of the issues in a case.

So why does every case NOT have a GAL?

1) They are only required in abuse/neglect cases, otherwise it is discretionary. The Court may not allow for a GAL.

2) It adds another layer of expense, another attorney to pay. The Court usually makes both parties pay.

3) It can create delay. The GAL may ask for more time to conduct the investigation and scheduling trial depends on another lawyer’s calendar.

4) The GAL may not believe you. They are human and may believe the other parent over you, plus you may be lying to them. It adds risk.

5) They may not do a good job.

GALs typically prepare a report that is provided to the Court and both lawyers. It recounts their efforts, interviews, documents reviewed and conclusions drawn. The GAL report also includes recommendations, usually. The Court is not required to follow the GAL recommendation.

Guardian Ad Litems can be a critically important tool available to the Court or parties in a contested custody battle, but the involvement of a GAL also has risks and expenses associated too. Talk to your lawyer if you have concerns about abuse/neglect and whether a GAL may help in your case.

Matthew Thompson is a family law attorney that has served as a GAL and has handled numerous cases involving GALs. He has seen the good, the bad and the ugly. He also conducts GAL training sessions at Continuing Legal Education Seminars for lawyers that want o become certified GALs; topics include conducting GAL Custody Evaluations, GAL Investigations, GAL Reports and Testifying.

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, Divorce, Pets

Super Bowl Sunday; Super Strange Custody Fight

02/03/2013 BowTieLawyer Leave a comment

With the Super Bowl imminent it reminded me of a case I was involved in where there was a serious custody battle. The fight was not over the children, nor the house or the retirement accounts. The fight was over SEC Season Football Tickets! (certainly worth fighting for)

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The tickets were secured by one party who had been getting them for years, but were actually paid for by the other party. So, both felt they had a legitimate claim, additionally both genuinely wanted the tickets. It was not posturing by the wife to get a better deal or more support.

The solution? Joint custody.

Each picked certain games that they would attend each year and on the ones that both wanted to attend they agreed to alternate even years and odd years to determine who got to go. Another interesting aside was that there were 2 tickets for each game. Who the guest would be was also an issue, as they obviously would not both go at the same time! Neither wanted the other to be able to take a bf/gf. The compromise was that the other ticket would be used by a family member, or a minor friend of the children. (Minor meaning under 21, not just small). The custody of the season tickets was one of the last issues to get resolved. It really did matter.

Matthew Thompson is a family law attorney that will handle your custody case, whether it be over Children, the House, Accounts, SEC Season Football Tickets or the Dog! Trust the Bow Tie.

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, Divorce, General Legal

Secret Spy (Hiring a Private Eye)

01/25/2013 BowTieLawyer 1 Comment

One of the perks of being a divorce attorney is you get to be acquainted with a number of other people who have really cool jobs. This post is about Private Investigators (PIs), when to use them and what they need from you.

I have previously posted of some of the potential warning signs of an affair. (click here) If you have suspicions that your spouse may be having an affair it may be wise to hire a PI. A PI can follow your spouse, take pictures, document their whereabouts and identify third persons that your spouse may be with. In addition to adultery situations, PIs may also be useful in locating hard-to-find persons/witnesses and even completing service of process. A PI can also play a role in custody cases in documenting the other parent’s living conditions, if a third-party is sleeping over and the other parent’s comings and goings.

PIs have come a long way from hiding in the bushes snapping pictures, though it still happens. There are hi-tech means of surveillance, GPS tracking abilities and computer forensics which can discover that nothing is truly deleted!

Here’s a starter list to provide a PI in the event you choose to hire one.

Pictures of who they are to follow.
Pictures and tag # of the car(s) they are to follow.
Where that person works and normal office hours.
Where that person hangs out, works out and/or chills out.
The usual routine; ie: on Wednesdays he always goes to Buffalo Wild Wings.
Address of the home and anywhere else the person may be staying.
List of suspected paramour(s).
Any and all information you have about paramour(s).
Your usual routine, too. Knowing this the PI may be able to catch you-know-who where they should not be when you are at the Wednesday evening service.

Talk to the PI about fees. These are not covered in attorney fees. PIs usually charge a retainer and bill by the hour and for mileage. Be careful about having your spouse followed to New Orleans, it may not be worth it if you don’t get the goods. Also, make sure the PI generates a report, pictures and will testify in Court, if necessary.

The use of a PI is discoverable in litigation, which means if you use one and are asked about it you will have to disclose it. Stay tuned for a blog about what to do if you think you are being followed.

Matthew Thompson is a family law attorney that leaves the private investigation to the PIs, but does review the pictures and videos from the investigations, as it is required by his job!

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, Divorce, General Legal, Modifications

Jurisdiction; Where to Sue.

01/08/2013 BowTieLawyer 1 Comment

Jurisdiction is one of those legal terms we hear a lot, but aren’t always sure what it means. In the legal world, for a Court to be able to act upon a filed complaint and grant relief to a party, the Court must have jurisdiction.

Jurisdiction provides the Court authority to makes decisions over a party and the topic of their lawsuit.

Mississippi law provides rules for determining if a Court has jurisdiction and where that may be. MCA § 93-5-5, contains the residency requirements for a divorce action. Additionally, all actions for divorce will be filed in the Chancery Court for the appropriate county.

The jurisdiction of the chancery court in suits for divorce shall be confined to the following cases:

(a) Where one (1) of the parties has been an actual bonafide resident within this state for six (6) months next preceding the commencement of the suit. If a member of the armed services of the United States is stationed in the state and residing within the state with his spouse, such person and his spouse shall be considered actual bonafide residents of the state for the purposes of this section, provided they were residing within the state at the time of the separation of the parties.

(b) In any case where the proof shows that a residence was acquired in this state with a purpose of securing a divorce, the court shall not take jurisdiction thereof, but dismiss the bill at the cost of complainant.

In plain terms, this means you file your divorce action in your home county, or the County that you have resided in for at least 6 months, immediately filing the action. If you were married in another stated and meet the Mississippi residency requirements you file in Mississippi. If were married on the Coast, but live in Jackson and have for over 6 months you file in Jackson. Sometimes, if you wish to file in your current area, but have not met the residency requirements you may have to wait. Sometimes there are disputes as to residency and the parties can litigate where the case should be litigated. Some states have different residency requirements than Mississippi so don’t bank on the 6 months if you are in another state.

There are also a number of exceptions or tweaks to the jurisdictional rules. Another Court, or State, could have “emergency jurisdiction” in child custody cases pursuant to the Uniform Child Custody Jurisdiction Enforcement Act. (UCCJEA). Also, if your divorce was originally in another state or another county, that original Court would have original jurisdiction and there are additional rules to “transfer” jurisdiction and in some instance you cannot move it. Military family law cases also have exceptions to the traditional jurisdiction rules.

Jurisdiction is a critical aspect to consider when filing. It is imperative that your case be filed in the right place geographically and the right Court. You also may have options between differing Courts based on what is at issue in your case. Talk to your lawyer about where your case should be filed.

Matthew is a family law attorney and native Mississippian. Follow his blog, here, at http://www.BowTieLawyer.wp.com.

You may also contact Matthew with your family law or jurisdictional question or concern at (601) 850-8000 or Matthew@wmtlawfirm.com.