Category Archives: Divorce

Child Custody, Divorce, General Legal, Opinion

Know the Lay Out of the Court

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Familiarity breeds…Comfort, at least in Court.

One thing a potential litigant should do, as best they can, is Know the Layout of the Court; where to sit, where the Judge sits, where the attorneys will be, where to look when testifying, etc.

A great thing to do prior to any Child Testimony, be it in the Courtroom or Chambers, is let that child know all of the above and how the Judge will treat them respectfully and require the attorneys to do the same.

I had a case where one parent decided to call the child to testify to help “prove the case.” It was not something the child wanted or the other parent wanted, nor something the “proof” required. It was a tactic, I believe, to scare the other parent. However, knowing the Court and how this particular Judge handled child testimony made all the difference. When it came time for the child to testify, it went as smoothly as possible and the Judge determined that the child was safe, well-adjusted, smart and that no modification was warranted.

The child testifying, in fact, backfired on the parent calling the child. Afterwards, my client shared with me that the prep work we did and the schematic that was sketched out showing the Courtroom and Judge’s Chambers had a calming effect and made a difference.

Matthew Thompson is a Child Custody Lawyer in Mississippi and believes that preparation is critical for success.

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.

Divorce, General Legal

Pet Peeves; Divorcing is for the Dogs.

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Divorcing your Spouse may lead to divorcing your pet!

FrenchyIt’s common knowledge that dog is man’s best friend. Sometimes in a divorce situation your pet may be your only friend.

But, how does the Court deal with pets?

Pets are treated as personal property. Sure they eat, sleep and incur expenses, but for Court purposes they might as well be an end table or a foot stool.  This in no way minimizes the significant emotional value and relationship, however, a pet owner can have with Frenchy!

In multiple instances “major” issues such as ownership of the home and division of the accounts have been agreed upon while pet custody and responsibilities have been the “lines in the sand’ upon which we will NOT cross.

So if the Court treats Fido as property who gets him? The Court will look at when he was acquired, how, who did the care-taking, and who has the ability to care for the pet, all the while encouraging the parties to agree.

Solomon did not cut the baby in half and the Court will not, in usual circumstances split time with Whiskers. In this instance, if the Court is forced to decide, someone “wins” and someone “loses.”

Your best bet is to enter into a shared custody arrangement and work together to serve the best interests of Jesse. Don’t forget to address how to split those vet bills either.

Matthew Thompson is a Family Law Attorney in Mississippi and has drafted Shared Custody Agreements regarding the family pet, including pet support!

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, Child Support, Divorce, General Legal

Racing in Rankin; Chancery Judge Election is a Four-Man Race

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Rankin County politics are always exciting.  The Chancery Judge race is likely to be as well.

Click here for the most recent Update, Roberts in Rankin, Walker in Madison…

Click here for You CAN Pick your Judge.

4 candidates are in the final mix, but it’s not the same line-up as previously blogged.

Haydn Roberts has jumped in and Craig Slay has bowed out.

Rankin County,the 20th Chancery District, is currently served by Judge John Grant and Judge John McLaurin, just appointed by the Governor. A new position, for a third Judge, has been created by the legislature with the election to be held November 3, 2015.

Haydn Roberts

Haydn Roberts is the latest candidate, but is a very familiar face. Roberts previously served as the Staff Attorney in Rankin County for Judges Grant and Fairly for the past eight years. He has been involved “in over 10,000 cases by assisting the Chancery Judges with case management and review, editing and writing opinions, helping local lawyers with procedure and guiding lawyers and litigants through the Chancery Court litigation process.”

Haydn is also serving as the Family Master, a position prior served by John McLaurin . The Family Master is a part-time Judge hearing Emergency Petitions,Temporary Hearings and the types of matters the current Chancellors hear.

Roberts graduated from Ole Miss and Mississippi College School of Law.

Prentiss M.  Grant

Prentiss Grant “has lived and built his law practice in Rankin County for the past twenty-six years. Prentiss’ law practice is concentrated in family law, and eighty percent of his cases are tried in Rankin Chancery Court.”

Grant  graduated from Northeast Louisiana University and Mississippi College School of Law.

Rusty Williard 

Rusty Williard has “spent 30 years trying Chancery cases and 15 years [in] Rankin County.”  Williard is a self-proclaimed “ruthless defender of the rights of children in chancery court and with juvenile defense matters, he is currently a certified Guardian Ad Litem as well as a Youth Court advocate.

Williard graduated from Millsaps College and l Mississippi College School of Law. 

James (Jim) M. Nix

Limited information was available about Attorney Nix. An on-line presence was not readily apparent.

Company: Jones and Nix, PLLC
Admit Date: 06/02/1981
Physical Address: 814 N President St
Jackson, MS 39201
Mail Address: P O Box 55601
Jackson, MS 39296-5601
Phone: (601) 948-6800
Fax: (601) 948-7100
Email: jones-nix@att.net
Status: Active

Matthew Thompson is a Family Law Attorney and practices in Rankin County Chancery Court.  Residents of Rankin County should research and support the candidate of their choice for this important position. 

Follow the blog: BowTieLawyer

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Child Custody, Divorce, General Legal

Judge Races are Set; Madison, Leake, Yazoo & Holmes

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This will be one of several posts on the Chancery Judge races in Mississippi.

The race is on. The field is set.  The filing deadline was close of business June 1.  It’s a two-horse race in Madison, Leake, Holmes and Yazoo Counties.

This district, the 11th Chancery District, is currently served by Judges Cynthia Brewer and Robert Clark, III. The legislature, due to population increases, added a third Judge position to this district.

James C. Walker

The front-runner for this seat is James Walker. Walker has the backing of the majority of Family Law and Chancery practitioners in the vast majority of the district. Walker is the current Family Master for the District; hearing Emergency Petitions,Temporary Hearings and the types of matters the current Chancellors hear. Walker is the former staff attorney for Judge Cynthia Brewer, former staff attorney for DHS and has his own private Chancery practice law firm.

Pearlene Jones

Attorney, Pearlene Jones is the other candidate that has qualified to run.  She is a resident of Lexington,  in Holmes County. She currently serves as the County Prosecutor for Holmes County. This is a part-time, elected position. Typically, a County Prosecutor’s office is responsible for the prosecution of all misdemeanor cases which occur within the County and filed in Justice Court by the Mississippi Highway Patrol, the County Sheriff’s Department, as well as citizen versus citizen affidavits.

Limited online information is available about Attorney Jones. This post will be updated as more information becomes available.

This non-partisan election will be held on November 3, 2015.

*Thompson Law Firm, pllc, is a Host for the James C. Walker for Chancery Judge campaign.

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.

Divorce, General Legal, Marriage

“New” Judge in Rankin; McLaurin appointed to fill vacancy. 

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Rankin County Chancery has a new Judge, but a familiar face.  

John McLaurin has been tapped by Gov. Bryant to fill the vacancy by Judge Dan Fairly’s recent passing. Judge McLaurin has served as Family Master for Rankin County since 2007, hearing the exact type of cases he will now hear as a full-time Chancellor.

There will be no learning curve here. Attorneys, litigants and those involved in Chancery matters can expect business as usual.

This was a sound and timely appointment.

* As a point of interest, McLaurin is the great-great nephew of former Governor of Mississippi and U.S. Senator Anselm McLaurin, related to the late Robin Williams and practiced law in Rankin County with his brother, Anse McLaurin.

Matthew Thompson is a Family Law Attorney and reminds those interested that this just fills one spot in Rankin Chancery. There is still a new position to fill in the general election. Stay tuned. 

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

R & R; Why Taking Some Time OFF is Critical for Your Health

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Emotions can run high in Family Law.

 

A Family Law case; such as a divorce or child custody matter may well be the most difficult thing you have to deal with as an adult. It can be heart wrenching, gut wrenching, expensive and uncertain.

The worst of all is the uncertainty! The questions as to whether you are doing the right thing. Will the Judge see the truth? Are your children safe? It keeps your brain on “go” 24-7.  However, this around-the-clock, heightened sense also wears you out.

You cannot stay on high alert all the time. If you do, you will crash and burn.  What is the solution?  Hire the person right for you, follow their advice to the letter and do the right thing, every time. Then breath, relax and take the afternoon off. You’ve earned it.

Matthew Thompson is a Family Law Attorney and recommends that clients know when a matter is DEFCON 5 and when to take it to DEFCON 1.

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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Child Custody, Divorce, General Legal, Modifications

Don’t YELL in Court!

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Sometimes we lose our cool…

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It happens to the best of us. “We” get excited, animated and emotional, but you need to try to keep that in check. Lawyers are guilty of this too!

Here’s the set-up. The Divorce Agreement provides that either “party shall receive advance notice of any out of state travel, overnight, with the minor child by the other parent.“

Not an unreasonable clause. It does not require permission, but notice.

So, one parent, on multiple occasions does not give the other parent notice.  The unknowing parent finds out about the timing of the trips during their time with the child, after the trips have occurred.

What’s the harm you ask? Well, these parents live 2-states away from one another. Where was the undisclosed trip? Yes, the other parent’s home state, just a few hours away.  A great opportunity for a visit! But, alas it did not happen.

Upon questioning the parent defended not telling the other because the second parent did not ask. Here’s where the yelling comes in.

“HOW DOES THE OTHER PARENT KNOW TO ASK ABOUT THE TRIP IF YOU DON’T TELL THEM ABOUT THE TRIP ?!?“

Silence.

Read more on Rotten Parenting, Terrible Parenting and being a Terrible Person.

Matthew Thompson is a Chancery Court Attorney and warns clients and attorneys alike to not yell in Court.

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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Child Custody, Divorce, General Legal

Judge Race Update; Mississippi Chancery Elections

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The Chancery Judge races in Mississippi are heating up!

Click here for the most recent Update, Roberts in Rankin, Walker in Madison…

Click here for You CAN Pick your Judge.

As an update to a prior post, two districts are looking like a horse race while one appears a foregone conclusion. The Secretary of State’s latest list of candidates is filling out.

Madison, Leake, Holmes and Yazoo Counties– the 11th Chancery District is currently served by Judges Cynthia Brewer and Robert Clark, III. The legislature, due to population increases, added a third Judge position to this district.

James C. Walker

The front-runner (and only-runner) for this seat is James Walker. Walker has the backing of the majority of Family Law practitioners in the district and there are not even vague whispers of another viable candidate at this point. Walker is the current Family Master for the District, hearing Emergencies,Temporary Hearings and the types of matters the current Chancellors hear. Walker is the former staff attorney for Judge Cynthia Brewer, former staff attorney for DHS and has his own private Chancery practice law firm.

Rankin County– the 20th District is currently served by Judge John Grant. One new position has been created and another will be filled via appointment and special election at a later date, totaling three Judges for this district.

(Limited on-line information regarding these candidates was available.)

Prentiss M.  Grant

Grant has practiced for over 25 years and handled many Chancery Court cases, among criminal and personal injury areas of practice as well.

James (Jim) M. Nix

Company: Jones and Nix, PLLC
Admit Date: 06/02/1981
Physical Address: 814 N President St
Jackson, MS 39201
Mail Address: P O Box 55601
Jackson, MS 39296-5601
Phone: (601) 948-6800
Fax: (601) 948-7100
Email: jones-nix@att.net
Status: Active

Craig Slay  

Slay is the Board Attorney for the Rankin County Board of Supervisors and has practiced law for nearly 20 years.

Rusty Williard 

Admitted in 1985, Williard is a self-proclaimed “ruthless defender of the rights of children in chancery court and with juvenile defense matters, he is currently a certified Guardian Ad Litem as well as a Youth Court advocate. Rusty believes that his personal experience as a step-father has helped provide him with valuable insight about the financial and emotional dynamics of the modern blended families of today.”

“Besides belonging to the Mississippi Trial Lawyers Association, Rusty is a member of the Rankin County Chamber of Commerce, Hinds County Bar Association and Rankin county Bar Association. He is licensed to practice in the State of Mississippi, Federal Courts, Bankruptcy Court, and the United States Supreme Court.”

Amite, Franklin, Pike and Walthall Counties– the 4th District is currently served by one Chancellor, Debbra Halford, and is getting a much needed second Judge.

(Limited information regarding these candidates was available.)

Below is the contact info from the MS Bar Assoc.

Ashley Atkinson  

Company: Attorney at Law
Admit Date: 05/29/1969
Physical Address: 412 W Michigan Ave
McComb, MS 39649
Mail Address: P O Box 1266
McComb, MS 39649-1266
Phone: (601) 684-3535
Fax: (601) 684-3558
Email: caatkins@cableone.net
Status: Active

Conrad Mord

Company: Attorney at Law
Admit Date: 08/16/1974
Physical Address: 729 Beulah Ave
Tylertown, MS 39667
Mail Address: P O Drawer 311
Tylertown, MS 39667-0311
Phone: (601) 876-2611
Fax: (601) 876-4379
Email: conrad@mordlawfirm.com
Status: Active and currently serves as the Youth Court Referee, a.k.a. Youth Court Judge.

Michael T. Shareef

Company: MS Center for Legal Services
Admit Date: 10/31/1979
Physical Address: 221 Main St
McComb, MS 39648
Mail Address: P O Box 575
McComb, MS 39649-0575
Phone: (601) 684-0578
Fax: (601) 684-0575
Email: mshareef@mslegalservices.org
Status: Active

Wayne Smith 

Company: Attorney at Law
Admit Date: 08/20/1982
Physical Address: 151 W Main St
Liberty, MS 39645
Mail Address: P O Box 525
Liberty, MS 39645-0525
Phone: (601) 657-8994
Fax: (601) 657-8987
Email: waynesmithatty@bellsouth.net
Status: Active

As more information regarding the candidates, and their campaigns, becomes available it will be updated. Hopefully, with some campaign links and fodder one won’t need prescription meds and Redbull to stay awake perusing this blog.

Matthew Thompson is a Chancery Court Attorney and closely watching the Mississippi Chancery Court Judicial races.

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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