Category Archives: General Legal

When do YOU get to Keep the Ring?

10/22/2018 BowTieLawyer Leave a comment

I have written about when you do NOT get to keep the ring. The Mississippi Supreme Court has affirmed a time when you do…

In the case of Cummins v. Goolsby, the Mississippi Supreme Court affirmed the “fiancee” keeping the ring even though the parties did not get married. However, there was a catch. The groom-to-be was married to another at the time of the engagement!

In fact at the time of the appeal, the groom-to-be was still married. The Court’s rationale was that conditioning a gift on marriage when one cannot lawfully marry violates public policy and constitutes unclean hands. Thus, the chancellor did not err when awarding the ring to the now “ex-fiancee.”

Also, the Court ruled that the groom-to-be now father, was not entitled to a credit of the value of the ring against child support owed for the child he had with his “ex-fiancee.”

There are several lessons to be learned from this case…

Matthew Thompson is a child custody and matrimonial lawyer in Mississippi.

Child Custody, divorce, General Legal, Marriage, Opinion

Going to Church Doesn’t Make You A Better Person (automatically)

09/26/2018 BowTieLawyer 1 Comment

“Holier than thou.”

“So heavenly focused, you’re no earthly good.”

I have seen these concepts personified. It is distressing. I have seen and heard of one’s belief in their own moral superiority to justify their wrong behavior; interfering with the parent child relationship, persuading others to not help the “sinner,” and literally causing a scene at church.

STOP. YOU’RE doing it wrong. YOU are hurting others. YOU are part of the problem.

Matthew Thompson is a family law attorney and has grown weary of the hypocrisy. He also encourages you to not only go to Church, but also to act like it.

Child Custody, General Legal, Opinion

Call Your Parents…

Image 09/21/2018 BowTieLawyer Leave a comment

Parents Phone.jpg

http://www.BowtieLawyer.ms

(601)850-8000

divorce, General Legal

Divorce, The End of an Error…

09/05/2018 BowTieLawyer 1 Comment

The Winner is…

download

Sometimes divorces are necessary. Sometimes you need one for your safety; physically, mentally, emotionally, and/or for the safety of your children. Sometimes we marry for the wrong reasons and sometimes we marry the wrong person with the best of intentions.

A divorce does not have to be the end of something wonderful, it could be the new beginning you needed.

A divorce may be the end of an error, that you needed to stop making.

Congrats to Alan L. on winning the YETI Hopper. Also, congrats to the many participants and great suggestions. There were a number of honorable mentions. Stay tuned for the blogs inspired by your suggestions.

Child Custody, divorce, General Legal

You Do NOT Have a Right to an (appointed) Attorney…in a Divorce

08/23/2018 BowTieLawyer Leave a comment

The 6th Amendment to the Constitution guarantees you the right to an attorney and a speedy trial, but this is concerning Criminal prosecutions…NOT divorce.

In divorce cases and most Family Law cases you do NOT have the right to a court appointed attorney.

The exception, Termination of Parental Rights cases, is only after a showing of financial inability.

The other time there’s a Court-Appointed Attorney, a Guardian Ad Litem, the parties still typically have to pay for that person from their own pockets and they represent the child, or more often are an investigative arm of the Court.

Do you need an attorney? Yes. Will the Court give you one? Probably not.

Matthew Thompson is a Family Law attorney in Mississippi.

Crime, divorce, General Legal

16 questions used to ID domestic abuse victims likely to be killed

08/16/2018 BowTieLawyer 1 Comment

Research has found that men who choked their partners were 10 times more likely to eventually kill them.

A CBS News article reported that the Oklahoma City Police Department is among the forces using the 16-question checklist, which is designed to help officers identify victims who are likely to be killed.

By answering the below questions, the more times a victim answers “Yes” to the questions, the more likely domestic violence may lead to a victim’s death. The checklist will be used across the state of Oklahoma. Authorities in Maryland say fatalities have dropped 30 percent since they started using it.

Below are the 16 questions contained in the “Domestic Violence Risk Assessment” checklist:

1. Has he/she ever used a weapon against you/threatened you with a weapon?

2. Has he/she ever threatened to kill you or your children?

3. Do you think he/she might try to kill you?

4. Does he/she have a gun or can he/she get one easily?

5. Has he/she ever tried to choke you?

6. Is he/she violent or constantly jealous or does he/she control most of your daily activities?

7. Does he/she follow or spy on you or leave threatening messages?

8. Have you left him/her or separated after living together or being married?

9. Is he/she unemployed?

10. Has he/she ever tried to kill himself/herself?

11. Do you have a child/children together?

12. Do you have a child that he/she knows is not his/hers?

13. Has he/she been physical toward the child(ren) in a way that concerns you?

14. Does he/she have an alcohol/substance abuse problem?

15. Has he/she interfered with a 911 call?

16. Is there anything else that worries you about your safety?

If you are in Mississippi and need help please do one or all of the following by contacting the Mississippi Coalition Against Domestic Violence;

If you are in danger, call 911.

If you need immediate assistance after hours: Call 1-800-799-SAFE(7233).

Local to the metro area may call 601-981-9196

If you wish to be connected with someone in your area regarding domestic violence, volunteering or making a donation, call 1-800-898-3234.

Matthew Thompson is a Family Law Attorney in Mississippi and encourages victims of domestic violence to have an emergency plan and seek immediate help.

Bow Tie, Child Custody, divorce, General Legal

Don’t Write on Exhibits/Photographs

08/08/2018 BowTieLawyer Leave a comment

Q: Is this a true and accurate copy?

A: No. I don’t know whose writing this is…I don’t know what those circles mean…

Attorney: Objection. It’s obviously not a true copy, as the original does not have writing and circles on it.

Court: Sustained.

Court rules can be tediously picky. If something isn’t phrased the right way, authenticated sufficiently, or previously produced, if requested, you may not be able to use it. This is true even if it is something important, reliable and tangible to the issues before the Court. This is just one reason why Court is so frustrating.

I had a case where the witness highlighted certain portions of an email. When the time came to testify about the email, the other party pretended to not recognize it, nor remember it. He wasn’t sure if he used that email address at that time. He certainly knew he didn’t highlight it and wasn’t sure he had seen it before. It was a dance of avoiding the obvious.

Ultimately, the email came in when the sponsoring party testified and I believe the other party lost credibility in feigning ignorance, however it was a good lesson on the rules/tricks of Court.

Matthew Thompson is a Family Law attorney in Mississippi and encourages you to practice, with your attorney, your testimony and how to authenticate an exhibit and get it into evidence.

Child Custody, divorce, General Legal, Visitation

Back-to-School time.

07/24/2018 BowTieLawyer Leave a comment

Summer is ending. School bells are ringing…

With back-to-school comes the end of the summer schedule, loose routines and late bed times. Along with the return to school comes “Meet the teacher,” “Back-to-School Night,” & “Meet the (insert mascot of your school here).”

Regardless of your “Custody” arrangement, both parents are free to attend any and all events. It matters not whose “time” it is. I routinely advise clients that if our children attended school or events together, if I can go, you can go.

Additionally, Mississippi law specifically provides that a parent, even a non-custodial parent, shall have “access to records and information pertaining to a minor child, including but not limited to medical, dental and school records, [and] shall not be denied to a parent because the parent is not the child’s custodial parent if such parent’s parental rights have not been terminated by adoption or by a termination of parental rights proceeding.” MCA 93-5-26

So, parents, go to these events for your child. Meet their teacher, meet the other parents, their classmates and school administrators. Stay plugged in. It will benefit your child.

Matthew Thompson is a Child Custody attorney in Mississippi and encourages you to be an engaged parent.