Category Archives: General Legal

Advice to Parents; Grow up

If you are the parent to a child then act like it.

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We have seen the reports and stories of parents going off the deep end. Using illegal drugs, abusing substances, pursuing bad-idea relationships and ultimately putting their own selfish desires above the needs of their children.  It’s time to stop.

There are only a handful of people that you, as a parent, are ultimately responsible for; yourself and the people you brought into this world, your children.

Don’t shirk your duties. Don’t neglect your children. Don’t be so consumed with your own desires that you lose sight of what is important. Don’t hate another person so much it clouds your judgment when it comes to your children.

Matthew Thompson is a Child Custody attorney and encourages parents to grow up and act like a parent.

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Annulment 101

§ 93-7-3. Causes for annulment of marriages.

Annulment is having your marriage legally revoked.

A marriage may be annulled for any one (1) of the following causes existing at the time of the marriage ceremony:

(a) Incurable impotency.

(b) Adjudicated mental illness or incompetence of either or both parties. Action of a spouse who has been adjudicated mentally ill or incompetent may be brought by guardian, or in the absence of a guardian, by next friend, provided that the suit is brought within six (6) months after marriage.

(c) Failure to comply with the provisions of Sections 93-1-5 through 93-1-9 when any marriage affected by that failure has not been followed by cohabitation.

Or, in the absence of ratification:

(d) When either of the parties to a marriage is incapable, from want of age or understanding, of consenting to any marriage, or is incapable from physical causes of entering into the marriage state, or where the consent of either party has been obtained by force or fraud, the marriage shall be void from the time its nullity is declared by a court of competent jurisdiction.

(e) Pregnancy of the wife by another person, if the husband did not know of the pregnancy.
 
Suits for annulment under paragraphs (d) and (e) shall be brought within six (6) months after the ground for annulment is or should be discovered, and not thereafter.
 
The causes for annulment of marriage set forth in this section are intended to be new remedies and shall in no way affect the causes for divorce declared elsewhere to be the law of the State of Mississippi as they presently exist or as they may from time to time be amended. § 93-7-3.

Matthew Thompson is a Divorce and Annulment lawyer in Mississippi.

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Legal Forgiveness = Forgiveness? in a Divorce Action

One of the most claimed grounds for divorce is Adultery. Actually, the statue refers to it as “Uncondoned Adultery.” What, you ask, is Uncondoned Adultery? That is adultery that has not been “forgiven.”

Condonation is “legal forgiveness.”  This happens when the aggrieved spouse knows of the fault and decides to reconcile with the other party. You resumed living together as husband and wife, had sex and otherwise tried to make it work.

Once this occurs you no longer have grounds for divorce based on Adultery. Even if it didn’t work!

There are a few strings attached, however. The guilty spouse must, in “good faith” attempt the reconciliation. Additionally, the aggrieved spouse can only forgive what they know about. If there were multiple affairs and all were not disclosed there may still exist fault grounds, whether they are aware of it or not. Also, if the adultery is repeated it revives the grounds for divorce.

Condonation is a difficult issues to wrestle with in divorce.  The Court must consider the knowledge of the aggrieved spouse, the intent of the guilty spouse, the effort(s) to reconcile – whether they are in good faith. All these are fact specific and subjective determinations to be made by the Court.

Matthew Thompson is a divorce attorney in Mississippi and cautions you that some lawyers will advise the guilty party to do or say whatever is necessary to get the other party back in bed, for “reconciliation,” so that the defense of Condonation may be used.  

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R. Kelly; Singing the Blues?

Robert Sylvester Kelly, better known as R. Kelly, has been sued in Hinds County, Jackson, Mississippi.

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Kelly, a singer, songwriter, record producer, and former professional basketball player, is the named Defendant, along with his professional entities, in a pending Alienation of Affection lawsuit. The suit was filed by a Hinds County Sheriff’s Deputy, Kenny Bryant.

Bryant alleges that R. Kelly interfered with Bryant’s marriage relationship ultimately alienating his wife’s affection from Bryant.

Alienation of Affection is a Mississippi common law tort. That means it is a civil wrong, based on case-law and not a statute.

Alienation of Affection claims allow the wronged spouse to sue the “significant other” of the guilty spouse for the breakdown of the marriage.  There are only 6 states in the country that still recognize Alienation, but Mississippi is one of them and in the 1990’s our  appellate Courts reaffirmed Alienation as alive and well in the Mississippi legal system.

Alienation of Affection requires;

1) Wrongful Conduct, ie: adultery;

2) Loss of Affections, meaning there was a good relationship prior to the wrongful conduct; and

3) Causal Connection linking the Wrongful Conduct to the actual Loss of Affection.  All 3 must be present for a viable claim.  There is a 3 year statute of limitations in which to bring the claim, beginning when the loss of affection is finally accomplished.

Even if the above can be shown it does not mean that the Plaintiff wins. A jury would then decide a money value on the “damages.”  That is a hard figure to quantify.

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Youth Court in Mississippi

Youth Courts deal with matters involving allegations of abuse and neglect of children.(Youth Courts also handle cases involving offenses committed by juveniles, persons who have not reached the age of 18 may be subject to the Youth Court, although there are some exceptions. Some offenses which would be treated as crimes if committed by adults are known as “delinquent acts” when they involve juveniles.”)

21 counties have a County Court Judge serving as Youth Court Judge. In counties which do not have a County Court, the Chancery Judge may hear Youth Court matters, or the Chancery Judge may appoint a lawyer to act in a judicial capacity as Youth Court Referee. The city of Pearl also has its own municipal Youth Court.

In Madison County the County Court Judges also serve as Youth Court Judges. In Hinds and Rankin Counties, they have Youth Court Judges that serve in dedicated Youth Courts.

Child abuse can be:

  • Emotional:anything said or done that is hurtful or threatening to a child, such as name calling, belittling a child, or making threats of harm.
    • Name calling; “You’re stupid.”
    • Belittling; “I wish you were never born.”
    • Destroying child’s possessions or harming pets.
    • Threatens to harm child or people they care about; “I’m going to choke you,” or “I’ll hurt your sister.”
    • Locking a child in a closet or box.
    • Rejecting a child.
    • Isolating a child.
  • Sexual Abuse is any inappropriate touching by a friend, family member, anyone having ongoing contact and/or a stranger, such as:
    • Touching a child’s genital area.
    • Any type of penetration of a child.
    • Allowing a child to view or participate in pornography.
    • Prostitution, selling your child for money, drugs, etc.
    • Forcing a child to perform oral sex acts.
    • Masturbating in front of a child.
    • Having sex in front of a child.
    • Touching a Child’s genital area.
  • Physical:any type of contact that results in bodily harm or bruising, or physically restraining a child improperly.
    • Hitting or slapping a child with an extension cord, hands, belts, fists, broom handles, brushes, etc.
    • Putting child into hot water.
    • Cutting the child with a knife or any other sharp object.
    • Shaking or twisting arms or legs, yanking a child by the arm.
    • Putting tape over a child’s mouth.
    • Tying a child up with rope or cord.
    • Throwing a child across a room or down the stairs.
  • Neglect: not meeting the basic needs of the child, including not giving essential medicines or food, leaving a child unsupervised, providing inadequate protection from the weather.
    • Medical – not giving a child life-sustaining medicines, over medicating, not obtaining special treatment devices deemed necessary by a physician.
    • Supervision – leaving child/children unattended and leaving child/children in the care of other children too young to protect them (depending upon the maturity of the child).
    • Clothing and good hygiene – dressing children inadequately for weather, persistent skin disorders resulting from improper hygiene.
    • Nutrition – lack of sufficient quantity or quality of food, letting a child consistently complain of hunger and allowing the child to rummage for food.
    • Shelter – having structurally unsafe housing, inadequate heating, and unsanitary housing conditions.

Within a neglect or abuse case there are several phases. Upon a complaint or report, which can be anonymous, Youth Court will hold a Shelter Hearing. It is akin to an emergency hearing. The Youth Court will determine if immediate action needs to be taken. Typically, the next Youth Court determination will be an Adjudication Hearing. This is to determine if the child was neglected or abused. Lastly, youth Court will conduct a Disposition Hearing. This is to determine the final outcome.

Youth Court’s #1 goal is reunification when and where possible. Youth Court cases involving neglect and abuse are not seeking to punish and there could be separate criminal consequences for acts of neglect or abuse for the perpetrator.

The “players” in a Youth Court proceeding are the JudgeYouth Court Prosecutor, Guardian Ad Litem (attorney for the child and sometimes a non-attorney investigator), some Courts now have Parent’s Representatives (attorneys appointed for a parent), or privately hired Attorneys.

Matthew Thompson is a Child Custody attorney in Mississippi and has handled multiple Youth Court cases throughout Mississippi.

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It’s NOT a Vast Conspiracy…(usually).

“Do you think the Judge was on the take?”

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There have certainly been instances of judicial corruption. However, they are few and far between. In Family Law matters, Judges wield considerable power, read as discretion. The Judge, a.k.a. Chancellor, decides what evidence is admitted, how to determine witness credibility and what weight is given both.

To help in this endeavor, there are rules which the Court must apply and adhere to. These rules deal with whether evidence may be introduced, or if certain “witnesses” may even offer testimony. The lawyer knowing these rules, or at least that they exist and where to find them, should argue the application of the rules to the offered evidence or testimony and then the Judge determines if it is accepted.

With that background, if Court did not go your way ask your lawyer first. Were they prepared? Did they make sensible arguments? Did they know the law on the issues before the Court? Because, if they were not prepared, made nonsensical arguments and did not know the proper legal standard, perhaps your loss was not due to the vast conspiracy, but do to your own efforts and that of your counsel.

99 times out of 100 your loss is not to be put at the blame of the Judge.  The Judge wasn’t bribed. Think about it. Why would the Judge risk his or her career, reputation and freedom just to give you a bad deal? They would not. Think about the checks and balances in place, the process for having rulings appealed, the fact that every word uttered in Court is taken down, recorded and documented and then look in the mirror and ask that person if they have done the right thing.

The Judge wasn’t bribed. Just maybe, the outcome was because of the facts.

Matthew Thompson is a Family Law Attorney in Mississippi and represents parents in domestic disputes regarding divorce, alimony, child custody and support.

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Don’t Send a “Novel” in a Text Message

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The first text message was sent in 1992 from Neil Papworth, a former developer at Sema Group Telecoms. Mobile phones didn’t have keyboards at the time, so Papworth had to type the message on a PC. Papworth’s text — “Merry Christmas” — was successfully sent to Richard Jarvis at Vodafonehttp://mashable.com/2012/09/21/text-messaging-history/#7WcM8gVdbZqj

A two-word message was the first text message and is a good general guide for how long your messages should be. Texting a novel is NOT a good idea. It is hard to read. Punctuation is an afterthought. Grammar rules are ignored. There is no tone in text messages.

A text message novel is a mere paragraph in an email. In an email form it is not daunting or harassing. In text form it is over the top. Send short texts. Save the longer messages for an email or even a letter.

Matthew Thompson is a Family Law Attorney in Mississippi and reminds you to avoid sending a novel length text message.

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Don’t Overplay Your Hand.

It’s an expression from the gambling world, but holds true in family law too.

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Overplaying your hand is when you think you have the advantage, but do to whatever reason you don’t. Sometimes it’s because an important piece of information was not disclosed, or perhaps overlooked, or because the opponent has the ability to make a situation appear to be something that it is not.

For instance, it’s common in custody disputes for one side to want full custody and the other to want joint. The side that wants joint describes each side’s parenting as basically 50/50 and, of course, there is no need for child support. The side that wants full custody describes the parenting as more 80/20 and seeks support. The full custody parent can also back up their claims. They know the teachers, doctors, children’s schedules, and have done the primary care-giving. The side that wanted joint, well their job did not allow them to really do joint, but the 20% of the time they were around, they did 50% of the parenting. That would have been nice to know on the front end.

The bottom line is to be sure to tell your lawyer everything.  If you do, you can be protected as much as possible. If you don’t, they may call your bluff and you could be up the river.

Matthew Thompson is a Divorce attorney in Mississippi and warns you that  sometimes calling the person who is overplaying their hand can backfire on you. So be careful either way.

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