Category Archives: General Legal

alienation, divorce, General Legal, Opinion

R. Kelly; Singing the Blues?

05/17/2017 BowTieLawyer Leave a comment

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

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.

Child Custody, Crime, General Legal, Visitation

Youth Court in Mississippi

05/09/2017 BowTieLawyer Leave a comment

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.”)

Student in judge costume holding a gavel at a courtroom lectern — A student dressed as a judge presides over an engaging classroom mock trial.

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 Judge, Youth 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.

Child Custody, Child Support, divorce, General Legal, Opinion, Visitation

It’s NOT a Vast Conspiracy…(usually).

04/14/2017 BowTieLawyer 2 Comments

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

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.

divorce, General Legal, humor, Opinion

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

04/11/2017 BowTieLawyer Leave a comment

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 Vodafone. http://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.

divorce, General Legal, Marriage

Don’t Overplay Your Hand.

03/24/2017 BowTieLawyer Leave a comment

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

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.

divorce, General Legal, humor, Marriage

Why Putting Your Engagement on FaceBook May be a Bad Idea.

03/22/2017 BowTieLawyer 1 Comment

It seems our “lives” are lived on FaceBook, for better and for worse.

A short marriage came to an abrupt end when the parties realized that they did not really know each other. It was not a first marriage for either party, a whirlwind courtship and a tumultuous coupling that lead to separation after 9 months.

The husband sought an easy “no-fault” divorce. She would keep hers plus he pays her some starting over money, he keep his and they go their separate ways. She did not respond.

Well, she actually hired a lawyer and sued him for everything; a fault based divorce, 1/2 of the house, 1/2 of his retirement, that he buy her a car, permanent alimony, plus she retains all of her stuff. Again, all of this based on a 9 month marriage. It’s important to note that he had the house prior to marriage, the bulk of the retirement prior to marriage and the car was a lease that was to be turned in.

She was aggressive to a fault. She sought a temporary hearing and asked for temporary alimony. She didn’t get it. We then went through the discovery process. We sought records, arrest and otherwise.

Finally, a break through…she posted on FaceBook that she was engaged! To her Soulmate!

I sent her lawyer a note. It said “Great news! I hear congratulations are in order. Your client has announced her engagement. Attached are the pictures she posted, plus a pic of an impressive engagement ring…it’s high time this case settle. Attached is our proposal to settle all issues. Please review, sign where indicated and return to me. In the event this does not resolve this matter we will be filing an Amended Answer and Counterclaim consistent with these revelations.“

The case settled that day via an easy “no-fault” divorce. She kept hers plus he paid her some starting over money, he kept his and they went their separate ways.

Matthew Thompson is a Mississippi Divorce Attorney and is equally grateful and frustrated that FaceBook exists.

divorce, General Legal, Opinion

Mississippi Divorce: “A Change of Heart” on Cruelty.

03/07/2017 BowTieLawyer 9 Comments

Last week a firestorm erupted when Representative Andy Gipson single-handedly killed two bills seeking to modify divorce law. The first sought to allow for an additional ground for divorce if a spouse committed domestic violence, and the second would have added a ground based on two years of actual separation. Both died in Gipson’s committee without being considered. The ensuing firestorm placed Mississippi in the local, state and national spotlight for all of the wrong reasons.

However, it seems that Gipson has had a change of heart. This term, “change of heart,” was quoted from an interview Gipson had with the Clarion Ledger shortly after he killed the original domestic violence as a ground Bill, “[I]f someone has committed violence or assault, they need to have their behavior corrected, they need to have a change of heart.”

You may peruse the proposed amended Bill language here. In summary it seeks to clarify existing law and specifically add that the following conduct and burden of proof is included in the Cruelty analysis:

(a) Abusive Physical Conduct. A divorce …may be decreed to the injured party where one or more incidents of the following abusive physical conduct is established through the reliable testimony of one or more credible witnesses, any of whom may be the injured party: (i) that the injured party’s spouse attempted to cause, or purposely, knowingly or recklessly caused bodily injury to the injured party; or (ii) that the injured party’s spouse attempted by physical menace to put the injured party in fear of imminent serious bodily harm.

(b) Abusive Non-Physical Conduct. In addition to the foregoing subsection, a divorce …may also be decreed to the injured party where a pattern of abusive non-physical conduct of any one or more of the following is established through the reliable testimony of one or more credible witnesses, any of whom may be the injured party:

that the injured party’s spouse engaged in a pattern against the injured party of (i) threats and/or intimidation, (ii) emotional and/or verbal abuse, (iii) forced isolation, (iv) sexual extortion and/or sexual abuse, (v) stalking and/or aggravated stalking as defined in Section 97-3-107, and/or (vi) economic or financial abuse; provided that any such established pattern of the foregoing shall be shocking to the conscience of a reasonable person.

(2)Standard of Proof. For purposes of subsection (1) of this section, the standard of proof shall be: (a) Clear and convincing evidence when there is only the reliable testimony of a single credible witness, which may be the injured party presented to the court; or (b) Preponderance of the evidence when the reliable testimony of a single credible witness, which may be the injured party, is corroborated by other credible physical or forensic evidence presented to the court. – Senate Bill 2680 as amended by the House, March 6, 2017

This is a good change. It goes further than the original proposed bill. It addresses one of the biggest obstacles in obtaining a divorce on Cruelty, which is the corroboration requirement. Prior to this Bill the complaining party had to have a witness or such other corroboration of physical abuse, in addition to their own testimony. The problem with that is that in domestic violence situations it is routinely behind closed doors, in secret and it is all too common for the abused to not tell anyone. Routinely the abused does not seek help, either medical or otherwise, due to fear, shame, guilt and threats of it happening again.

This bill also defines forms of non-physical abuse to include threats, intimidation, emotional, verbal, economic and financial abuses. These are all forms of abuse and should be included and should provide for the means to end a marriage if the spouse is doing these things to harm the other spouse.

It is an interesting process watching law be made. Gipson, who last week was the goat is now all about the gloat, with him stating that the real problem all along was the Judges. The Judges that do not apply the law uniformly and what is a fault ground in one Court, is not in another. Perhaps, the ends justify the means in getting to the desired outcome. The above divorce language was added to a Bill that had previously passed the Senate that dealt with Abused and Neglected Children, clarifying relative care.

Any change that seeks to make Mississippi divorce law more consistent and more common sense is a good thing. Complaining about the process may seem petty, but it was you, the concerned citizens, that got Gipson’s attention and made this happen. I received one piece of “hatemail” due to my prior blog. He essentially took me to task for complaining, but not doing anything. However, it seems that the old adage may still be true. The squeaky wheel gets the grease.

Matthew Thompson is a Mississippi Divorce Attorney and is pleased when the Mississippi Legislature gets one right, regardless of how they got there. Here’s to a Change of Hearts!

Child Custody, Child Support, divorce, General Legal, Opinion

Don’t Threaten the “D” Word Unless you Mean It.

03/06/2017 BowTieLawyer 1 Comment

D is for Divorce. It is a dreaded and unpleasant word. It is drastic. It is serious.

Divorce should never be taken lightly. It should not be cast around as if it is something less than a nuclear option. A cavalier attitude can lead to monumental consequences.

Threatening divorce could even contribute towards having grounds for divorce in the form of emotional or verbal abuse. So, what do you do if your spouse threatens divorce?

Recognize that they are upset about something and try to identify the problem.
Consider marriage counseling with a licensed counselor or pastor, with experience.
Have an assessment with an experienced family law attorney.
Educate yourself about:
- Divorce 101 in your state
- Financial assets and liabilities of the marriage
- Custody and Child Support 101

With divorce being a part of marriage and life there is no good reason not to be educated about the process.

Matthew Thompson is a Divorce attorney in Mississippi and cautions you not to say “divorce” if you don’t mean it.