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Category Archives: Child Custody
THERE IS NO PROHIBITION ON Interstate or INternational travel in Custody, unless there is…
“But, he can’t travel out of state with my children without my permission…”
In Child Custody matters a parent can travel with their child during their time. And, NO, usually you do not need the other parent’s “permission.”
This is true whether you are the primary custodian or the visitation exerciser, there is no real, legal limitation on your ability to travel with your child.
You can run up to Gatlinburg, TN and see the Smokies, or you can head to New Orleans, LA to spend time in the Big Easy. You can hop down to Orange Beach, AL or Destin, FL for some fun-in-the-sun and there is not much the other parent can do about it…
Unless, there is a prohibition against such travel. Those prohibitions come in two forms, most commonly by agreement. This means the parties expressly agreed that their rights to travel with the children would be infringed. So, permission does have to be provided or the travel is limited to a geographic area or by travel time limits. Secondly, and less common, travel may be restricted by the Court. This is in the rare occasion where a parent makes a credible threat of leaving with the child or has done so in the past. If the Court Orders it, it must be abided by or there could be sever consequences.
The same holds true for international travel, though there are additional requirements, usually, beyond the Court. For instance, international travel would require a birth certificate or (passport which usually requires both parent’s consent.) Likewise, U.S. Customs recommends a child travelling with only one parent to have a written authorization for such. There may also be reasons to restrict travel based upon the destination and how that Country would treat a U.S. Custody Order.
Now, what is required is keeping the other parent reasonably informed. That includes travel, a means to communicate and it could also require more specific information, such as an itinerary, contact numbers for destinations, where you are staying and who else may be traveling. It all depends on your custody language in your Order.
So, can he travel? Yes. Do you have the right to know about it? Yes.
Matthew Thompson is a child custody lawyer in Mississippi and reminds you to be a reasonable parent and get out there and see the world. http://www.BowTieLawyer.MS (601)850-8000
How Do I Recover Back CHild Support?
Below is a short clip from my most recent appearance on Law Call with Rocky Wilkins of Morgan & Morgan. The caller wanted to know about recovering unpaid child support and her facts allowed for a few more opportunities to educate the public on Mississippi Law.
Matthew Thompson is a Child Custody and Child Support Lawyer in Mississippi and reminds you that in Family Law, you can never go wrong if you do what is Right!
(601)850-8000 Matthew@bowtielawyer.ms
Be a Better Parent…
Protecting your child is your #1 priority…
It’s not attacking the other parent. It’s not making up false allegations. It’s not telling the same lies, time and time again. It’s not making false abuse allegations. It’s not telling anyone who will listen your “woe is me tale.”
Be there. Do what you are supposed to do, every time. Be honest. Be professional. Admit your mistakes and learn from them. Don’t double down on the same bad behaviors that got you into the fight in the first place.
Being a better parent is a lot of work and can be hard, but it’s worth it. Your child deserves it.
Matthew Thompson is a child custody lawyer, a dad, and is encouraging you to be a better parent. Start today. It’s not too late.
#ThompsonLawFirm #BowTieLawyer.MS #(601)850-8000
Facebook, Friends and Your Judge…
In Madison, Wisconsin a Judge accepting a litigant’s friend request was enough to warrant a new trial by a different Judge.
In 2016, a mother sought sole custody and child support in a modification action against the father. After a two-day evidentiary trial, the Judge gave the parties 10 days to submit proposals on how the Court should rule. After these submissions, but prior to the Court ruling the Judge accepted the mother’s Facebook friend request. This was unknown to the father.
While awaiting a decision, the mother liked 18 of the Judge’s “Facebook posts and commented on two of them.” However, the Judge did not like or comment on any of the mother’s posts, though he did not deny reading them.
In July, the Judge ruled in favor of the mother. That same day, the guardian ad litem for the child learned that the mother had posted on Facebook that “the Honorable Judge granted everything we requested” and then discovered the mother and Judge were Facebook friends.
The father filed a motion to reconsider, arguing the Facebook frienship created the appearance of impropriety. The Court ruled that he’d made up phis mind prior to the request and denied the father’s motion.
The Wisconsin Appellate Court found that these circumstances clearly created the appearance of impropriety.
The mother’s friend request, and the Judge’s acceptance just prior to a decision “conveys the impression that [the mother] was in a special position to influence [the] Judge’s ultimate decision — a position not available to individuals that he had not ‘friended,’ such as [the father].
The appellate court did state that the “decision does not reach the merits of… [the] ultimate decision on [the mother’s] motion, and we recognize the parties will be required to relitigate their custody and physical placement issues.”
Matthew Thompson is a Family Law attorney and encourages you NOT to be Facebook friends with your Judge.
The Updated BOOK is In. 2018-2019; Mississippi Divorce, Alimony and Child Custody with Forms.
Get ’em while they’re hot…
Mississippi Divorce, Alimony and Child Custody with Forms, 2018-2019, is hitting the shelves and internet near you.
This edition, in addition to bedrock family law principles, includes statutory and case law updates regarding jurisdiction, alimony, equitable division, business valuation, contempt, attorney fees, visitation, custody and de facto marriage concerns. It also includes updated, revised and new forms.
Matthew Thompson is a Family Law practitioner in Mississippi and has been the author of Mississippi Divorce, Alimony and Child Custody with Forms, since taking the reigns from his now retired Law School professor, the venerable Shelton Hand.
Matthew@BowTieLawyer.ms (601)850-8000
It’s Your Case…Prepare to Work.
Hiring a lawyer can be nerve-wracking. It can also be a relief. However, the hard work is not over, even when you hire the right one for you.
I have heard the criticism more than a few times that “I hired that lawyer and I did ALL the work!” Well, yeah, there is a lot for a litigant to do.
You, as the party to a case, have the answers, or at least access to the answers. Within a case, there are a lot of processes to follow. You have to answer written Interrogatories. These are questions the other side gets to ask that you have to answer under oath. These can easily be 30-40 pages, or more!
The other side can request documents requiring you to pour over all of your prior tax records, bank records, credit card statements, pictures that you consider evidence, videos, diaries, notes, memos, texts…all of which takes a mountain of effort and time to gather. And, you have to do it.
The other side can take your deposition, an under oath interview. You have to prepare for that.
All of this legal jujitsu can result in a trial. You have to prepare for that. You have to know the facts of your case. You have to recall incidents and testify truthfully. You have to be specific. You have to know what you want and why.
A good lawyer will know the process and all the steps, but you will still have to do some heavy lifting.
Matthew Thompson is a Mississippi Divorce and Custody lawyer and cautions you that you will have a lot of work ahead of YOU to do your case right.
Don’t place your child in the middle.
Children CAN testify, even if they shouldn’t. Children DO GET a SAY in their custody if they are 12 or older and choose to.
However, the child does not get to “pick” where he or she will live. They get a vote that is to be considered, but does not have to be absolutely followed by the Court. Additionally, as a parent, you should avoid putting the child in that situation when/if possible.
In fact, you should avoid placing your child in the middle of any disputes between you and the other parent. It is not good for the child and not good for your relationship with them.
Matthew Thompson is a Mississippi Child Custody lawyer and reminds you to be a parent first.
(601) 850-8000 - - BowTieLawyer.MS 