Presidents’ Day, officially Washington’s Birthday at the federal governmental level, is a holiday in the United States celebrated on the third Monday of February. It is often celebrated to honor all those who served as presidents of the United States and, since 1879, has been the federal holiday honoring Founding FatherGeorge Washington, the first U.S. president, from 1789 to 1797. – Wikipedia.
Some Fun Presidential family law facts, include:
America has only had two divorced presidents, while two widower presidents moved on to second wives while in office. And one president never got married at all.
Ronald Reagan and Donald Trump were the two presidents who divorced prior to taking office.
John Tyler and Woodrow Wilson both lost their wives during their presidency, and remarried during their term, respectively.
John Tyler had 15 children, the most of any other US president. He had eight children with his first wife, Letitia Christian Tyler, and seven with his second wife, Julia Gardiner Tyler.
James Buchanan was unmarried at the time he was in office.
Matthew Thompson is a family law attorney in Mississippi, wishing you a Happy President’s Day!
In any given situation you will have the opportunity to do what is right…or not.
Sometimes people will play on your sympathies, describe suffering awful transgressions, be subject to true unfairness and will attempt to get you to help them.
Don’t bend the rules.
Don’t bend the rules, even for the right reasons.
Matthew Thompson is a family law attorney in Mississippi and encourages parties, lawyers and the judges to not do shady stuff.
Mississippi Courts have not historically favored Joint Custody. A new Bill would require a presumption of Joint Custody is best for a child, that would have to be overcome if a parent doesn’t agree…
Senate Bill 2484 seeks to amend the current custody statute 93-5-24, as follows: “
(2) * * * (a) (i) There shall be a rebuttable presumption that joint custody and equally shared parenting time is in the best interest of the child. If the court does not grant joint custody and/or equally shared parenting time, the court shall construct a parenting time schedule which maximizes the time each parent has with the child and ensures the best interest of the child is met. (ii) The presumption created in subparagraph (i) of this paragraph shall be rebuttable by a preponderance of the evidence. A court that does not award joint custody with equally shared parenting time shall document the reasons for deviating from the presumption. (b) Upon petition of both parents, the court may grant legal and/or physical custody to one (1) parent.”
This is an interesting Bill and in theory how Custody determinations should begin anyway. However, it goes further than current law in creating a rebuttable presumption and then requiring documenting the reasons for deviating from the presumption if the court does not grant joint physical custody and/or equally shared parenting time.
Matthew Thompson is a child custody lawyer and believes mom and dad coparenting and working together is what’s best for the child. A set schedule based on the child, with flexibility when warranted is what is best…
(a) A person commits an offense if the person takes or retains a child younger than 18 years of age:
(1) when the person knows that the person’s taking or retention violates the express terms of a judgment or order, including a temporary order, of a court disposing of the child’s custody;
(2) when the person has not been awarded custody of the child by a court of competent jurisdiction, knows that a suit for divorce or a civil suit or application for habeas corpus to dispose of the child’s custody has been filed, and takes the child out of the geographic area…without the permission of the court and with the intent to deprive the court of authority over the child; or
(3) outside of the United States with the intent to deprive a person entitled to possession of or access to the child of that possession or access and without the permission of that person.
(b) A noncustodial parent commits an offense if, with the intent to interfere with the lawful custody of a child younger than 18 years, the noncustodial parent knowingly entices or persuades the child to leave the custody of the custodial parent, guardian, or person standing in the stead of the custodial parent or guardian of the child.
(c) It is a defense to prosecution under Subsection (a)(2) that the actor returned the child to the geographic area…within three days after the date of the commission of the offense.
(c-1) It is an affirmative defense to prosecution under Subsection (a)(3) that:
(1) the taking or retention of the child was pursuant to a valid order providing for possession of or access to the child; or
(2) notwithstanding any violation of a valid order providing for possession of or access to the child, the actor’s retention of the child was due only to circumstances beyond the actor’s control and the actor promptly provided notice or made reasonable attempts to provide notice of those circumstances to the other person entitled to possession of or access to the child.
(c-2) Subsection (a)(3) does not apply if, at the time of the offense, the person taking or retaining the child:
(1) was entitled to possession of or access to the child; and
(2) was fleeing the commission or attempted commission of family violence, as defined by Section 71.004, Family Code, against the child or the person.
(d) An offense under this section is a state jail felony…
What are the penalties for interference with child custody? Up to two years in jail, A fine of up to $10,000, and Loss of custody.
There’s scuttlebutt that MS may consider a parental interference law as a crime in future sessions.
Right now the only real recourse is a contempt action in Chancery court in Mississippi. contempt doesn’t have the same “teeth” that a criminal offense would.
Matthew Thompson is a child custody lawyer in Mississippi and supports custody law changes that protect parents rights and common sense.
Believe it or not, there are not many Mississippi Legislators that are lawyers!
Saturday Night Live compared the Mississippi Legislature to a hissing possum. It was funny…
“Whew!” you say? Not so fast. Our legislators make the laws. This may be the one instance more lawyers could help!!
There is proposed legislation with terminology, words, that do not mean what you (and our legislators) think they mean. Words matter. Legal words matter.
There’s a marked difference between May and Shall in the eyes of the law.
So, legislators, Please contact me at any time about any questions regarding proposed legislation. If i have an opinion I will share it. If I am unqualified to comment I will admit it, and if you ask that our discussion remain confidential I will honor that.
Let’s get this right the first time. Its too important to not to.
Matthew Thompson is a 20-year practicing lawyer, law school professor, author of the family law text book in Mississippi and not afraid to speak out and speak up. Contact him via email or phone. Matthew@ThompsonLaw.ms or (601)850-8000
At least 2 bills are pending to sort of make Mississippi Divorce Law make common sense…
Senate Bill 2018, Brice Wiggins seeks to make 2 tweaks to family law.
Eliminate the willful and obstinate requirements of Desertion/Abandonment. Current law requires; a spouse’s “wilful, continued and obstinate desertion” for a period of a year is grounds for a divorce. Miss Code Ann. § 93-5-1 (2004).
The New proposed law states, Fourth. * * * Continued * * * desertion for the space of one year.
and adds a 13th ground
Thirteenth. Upon application of either party, the court may grant a divorce when the court finds there has been an irretrievable breakdown of the marriage and that further attempts at reconciliation are impractical or futile and not in the best interests of the parties or family.
an Identical House Bill also includes the above revisions. HB0496 sponsored by Representative Denton.
Why is this common sense, sort of? 48 other states have true, no fault divorce statutes. Mississippi does not. You can read why that matters here, here and here…
Why is it common sense? The law and legislature cannot make someone be a spouse or partner regardless of the status of the marriage.
Mississippi has proposed these common sense changes every year since I have been paying attention. It ain’t happened yet….
Matthew is a family law and divorce attorney in Mississippi and is in favor of some common sense changes in the law.
(601) 850-8000 - - BowTieLawyer.MS 