Category Archives: Grandparent Visitation

Child Custody, Child Support, Divorce, General Legal, Grandparent Visitation, Irreconcilable differences, Modifications, Visitation

But, I Cannot Afford an Attorney…Low to No Cost Help is Out There.

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Can you afford an attorney?  More often than not, you cannot afford to go without an attorney!

Oftentimes I hear, “I want the best!

We’re going to take this one all the way!

No, I don’t have any money...”

Having no money is a problem, but more often than not it’s more of not being willing to pay the money you do have.  In Family Law, in all but the rarest of incidences you do not have the right to have an attorney appointed to represent you.  This is a common misconception.  In the Criminal arena you do have the right to an attorney.  While Civil issue may be no less important to you the protections afforded to Civil litigants are typically lesser.

So, what do I do?  If you really have no money there are 3 great resources for Civil Litigants.

  • Mississippi Volunteer Lawyers Project.  MVLP handles civil matters, through volunteer attorneys for low income persons in Mississippi. (Primarily Uncontested Divorces, Guardianships and Expungements, etc…)
  • Phone: 601-960-9577      Fax: 601-944-9678     Email: mvlp@mvlp.org           Jackson Office.
  • Mississippi Center for Legal Services.  Legal Services handles civil matters, through in-house and some volunteer attorneys for low income persons in Mississippi in a variety of Civil matters. (Uncontested Divorces, Adoptions, Name Changes, Disability, Consumer, Education Law matters, etc…)
  • Contact the State-wide Intake Hotline at 1-800-498-1804
  • Mission First Legal Aid.  Missions First uses a combo of in-house and volunteer attorneys, but offers a more limited scope of representation. (Family law matters, Government Benefits, Housing,and  Debt,  but they do not handle divorce cases.) Approached from a mission, christian-based model of service.
  • Legal Aid Office, please call 601.608.0056

Matthew Thompson is a Mississippi Family Law attorney and volunteers with all 3 entities above.

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

 

Child Custody, Child Support, Divorce, General Legal, Grandparent Visitation, Irreconcilable differences, Marriage, Modifications, Opinion, Property Division, Visitation

Judge’s Race Just Got Interesting- 11th District Chancery Election is Now Contested

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Previously we blogged about “We the People” getting to pick our Judges.  This year is an election year for most Judgeships in Mississippi and only a few were contested.

img_6390Now, the Sub District One Seat for Madison, Leake, Holmes and Yazoo counties is contested. (See the full candidate list here, current as of April 16, 2014.)  This Court hears matters involving wills and estates, support and custody of minor children, divorces and alimony, and lunacy or commitment hearings.  The Judges also handle other matters, such as petitions to incorporate or enlarge a city, the establishment and management of drainage districts, children’s welfare funds, and other projects.

Attorneys Robert Clark, III, of Lexington, and Barbara Ann Bluntson, of Ridgeland, have both qualified to run for the seat currently held by the retiring Judge Janace Harvey-Goree.  The prevailing candidate will serve as Chancellor over all matters filed in Chancery Court in Holmes and Yazoo Counties and approximately 1/4 of the matters filed in Madison County, if past practice holds true.

Attorney Clark has served as a Youth Court Judge and Municipal Court Judge in Lexington/Holmes County and private practitioner.

Attorney Bluntson has served as the City Prosecutor for Jackson, handling criminal matters, violation of city ordinances and matters pertaining to Domestic Violence.

The qualifying deadline is May 9, so stay tuned to see if any other hats are thrown in the ring.  The election will be November 4, 2014.

Matthew Thompson is a Family Law Attorney in Mississippi, practices frequently in the district at issue above, and is very interested in watching this election and learning more about each candidate. Stay tuned!

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

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Child Custody, Divorce, General Legal, Grandparent Visitation, Visitation

Go to Your Kid’s Programs.

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When can I go to my Child’s school?

Being divorced impacts all aspects of life. A lot of times you can keep certain aspects quiet or private, but when children are involved issues spill over into school.

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Under normal circumstances, regardless of the custody arrangement, you can go to your child’s school programs. It doesn’t have to be “your” time.

About the only times this is not true is if the Court has imposed specific restrictions preventing this or if the event is not open to all parents or you’re otherwise not welcome at the school.

So, if you can go, Go!

Matthew Thompson is a Family Law Attorney and does his best to put Family First.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

 

Child Custody, Child Support, Divorce, Grandparent Visitation, Modifications, Opinion

Going to Court is HARD.

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I have blogged recently about Why Settling Your Case is Best, avoiding Court, and Why Going to Court is “Best.”  The gist of the former being settlement is preferred for having a say in the final outcome and having predictability and the latter, going to Court is best when there is no room for compromise.

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Unfortunately, I have been involved in the latter, a case where there was no room for compromise.  From my perspective one party was primarily the aggressor and was encouraged by the attorney to take unreasonable positions and force the matter to Court.  Of course, they did not view their own positions as meritless.  Also, I’m sure they thought my client and I were wretches…

Regardless, hard feelings abounded.  This case had some history.  What should have been a run of the mill divorce and custody matter was extremely contentious and was litigated over an issue that was not an issue.  In Round One, after most of a day of trial, the Court stopped the matter and told the other side they were going to lose on their issue and the case did settle.

But, like the A-Team, they had a plan!  Just a few months after it was final they decided another bite at the apple was proper. Based primarily on speculation…which was eventually admitted at Court, the other side sought to change the deal they had agreed to just months prior.  Round Two in Court was based on rank speculation.  After hours of testimony, haughty lecturing, and what can only be described as highly stylized testimony by the aggressive party and deeply emotional testimony by the other, the Court dismissed the case.

So, what is the take away?  Sour grapes?  I don’t think so, at least not  on my part.  It made me realize, yet again, Court is HARD.  It is not fun.  It is emotional.  And, even when you win, nobody wins.  Here’s what else can be guaranteed, when you successfully defend against baseless claims from the other side who thinks they are completely in the right when they are not, you better get ready for posturing and Round 3!

Matthew Thompson is a family law attorney and knows that sometimes even when you win you don’t win.

Follow the blog: BowTieLawyer Visit the website: Thompson Law FirmYou 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, Grandparent Visitation, Visitation

Put Your Children First.

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Divorcing spouses make it about themselves.  How he “threw it all away” or how she “abandoned the marriage.”  But, when children are in the equation they need to be First.

I know of too many instances where the children are treated as pawns.  One parent uses the other parent’s time or access to the children to get more of what they want or are just difficult for the sake of being difficult.  A parent refusing to allow the other parent to see the child for strategic reasons is just wrong.

Okay your husband strayed, does that mean he does not deserve to see the children?  Too often the parent that has the child is tempted to play “keep away.”  If your wife is a floozy that does not mean the children do not need their mother?

In all instances where there are NOT genuine safety concerns that parent should have access and see the children as much as practical. Period.  What’s the best thing you can do for your child?

Put your children first.  Make sure the other parent has quality time and access to the children.  If dad was not an every other weekend dad before the divorce, who is served by him becoming one after the divorce?

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, Child Support, Divorce, Grandparent Visitation

‘Til Death, Even in Divorce

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There  is an old joke that the only sure things in life are death & taxes.  Even in divorce you still have to worry about death and taxes.

Death:  I have had several pending cases ended by death.  In one instance my client’s spouse died very suddenly of an accident.  It ended a contested divorce and custody case that had been progressing very slowly and not particularly amicably.  While the divorce and custody issues were over, it created new issues with the deceased spouse’s family. Grandparent visitation issues and intestacy issues arose, since the spouse died without a will (intestate).  This made the surviving spouse and children equal beneficiaries.  This was something the deceased’s side of the family was not to keen about.

I was also involved in a case where the non-custodial parent got custody of the children when the custodial parent died after the case was “over.”  They had been divorced for a few years.  But upon the custodial parent’s death the children when back to the surviving parent.

Death does not end the issues you have with the other parent or former spouse.  I know a lot of divorcing spouses may think it will solve all of their problems if that so-and-so would just die, but it could leave your children without their other parent.  It can create issues with the former in-laws, who now may be pursuing their rights of grandparent visitation.  It can create financial uncertainty as support obligations end at death, usually, and there might not be insurance or enough insurance.

Be careful what you wish for…

Matthew Thompson is a family law attorney that hopes your case is not prolonged or shortened due to the death of your attorney.  (Taxes will be the subject of another riveting post).

Follow the blog: BowTieLawyer  

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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Bow Tie, Child Support, General Legal, Grandparent Visitation, Modifications, Opinion

Behind the Scenes; LawCall, TV, Radio & Speaking)

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Recently I was invited to be on the TV show LawCall.  I decided to write about that experience; the good, the challenges, and the behind the scenes “secrets.

LawCall is a live, weekly, thirty-minute call-in show hosted by local personal injury attorneys Rocky Wilkins and Tim Porter of the law firms, Morgan & Morgan and Porter Malouf, respectively.   The show features guests attorneys from across the state of Mississippi.  Every show highlights usually an area law.  The attorneys take live phone calls from viewers pertaining to that topic. My appearance was the Valentine’s edition; Love & the Law – Family Law in Mississippi.

This was not my first time on television discussing legal themes. I was previously a guest on the Local 98 TV Show The Reel Deal with Cole Berry discussing legal movies.  I have also been on the radio discussing Father’s Rights on WLEZ, in preparation for the then upcoming Mississippi Volunteer Lawyers Project’s free family law seminar.  I also routinely speak at CLEs (continuing legal education seminars) on Family Law.  I really enjoy these opportunities to talk about what I do.

On LawCall the usual hosts were out-of-town so Ben Wilson, an attorney with Rocky Wilkins Firm, filled in for Rocky.  Ben and I discussed general family law topics prior to the show.  I also met and spoke with the moderator/ TV facilitator Tamica Smith.  Tamica is a pro.  She has been on the news and TV for over 15 years in various markets and was as cool as a cucumber.

When I arrived, I received my instructions from Charley Jones and his wife Angela.  They produce LawCall.  I received an ear piece where I could hear the control room and the callers.  We did a run down, which is just a practice run of the show.  I was told where I would be sitting, how the show would open, when to expect commercial breaks and generally where to look.  This was the toughest part for me.  There were 3 cameras.  The one to my right I was never to look at.  When the shot showed the whole panel I was to look into the middle camera and when I was speaking directly to the caller I was to look to the left camera.  It took some practice and just as I was getting the hang of it the show was over!

There were 4-5 callers with some really good questions.  There was a question about whether a new spouse would be responsible for the husband’s support obligation from a prior relationship. She would not be.  There was a question about Grandparent’s rights.  Grandparents have rights guaranteed by law in Mississippi.  A caller asked about whether his alimony obligations could be changed.  Based on what he described he could seek to modify his obligations.

Behind the scenes.  One of the newscasters had on jeans.  You only saw him from the waist up on TV so it did not matter…  It made me think of the old joke showing all the newscasters in their “heart boxers” and suits up top.  It was only water in the coffee mugs.  I got to keep the mug.  Also, I had one call to my office within one minute of the show ending and had another call at 9:05 a.m. Monday morning.  How is that for marketing results!

Matthew Thompson is a family law attorney that has appeared on Local 98 TV, WLBT’s Law Call, WLEZ on the radio and at numerous speaking engagements.  If you need a speaker or TV personality at your next Family Law Seminar/Banquet please contact Matthew about his low, low “Celebrity Appearance Fee!”

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

Divorce, General Legal, Grandparent Visitation, Modifications, Visitation

Grandparents, Not Just for Babysitting (Grandparent’s Visitation in Mississippi)

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For as long as people have had children there have been grandchildren.  Where there are grandchildren there are Grandparents.  Where there are Grandparents there are free babysitters!

Mississippi has a statute, MCA 93-16-3, that specifically provides for Grandparent’s Visitation.  Grandparent’s Visitation is different from babysitting and is different from just being in the child’s life.  Specifically, Grandparent Visitation is for when the mother or father of the child dies, to insure that the Grandparent continues to have access to the child or when the Grandparent and their child have a falling out and the Grandparent has a viable relationship and active in the grandchild’s life, and also in divorce and/or Termination of Parental Rights (TPR) situations.

The law provides a viable relationship may be proven by showing that the grandparent has supported the grandchild in whole or in part for at least six months prior to the filing of the petition, or the grandparent had frequent visitation for one year prior to the filing of the petition.

The case of Martin v. Coop, 693 So.2d 912, 913 (Miss. 1997), list the factors the Court considers when determining the amount of Grandparent Visitation.

  • Potential disruption in the child’s life;
  • Suitability of the grandparents’ home;
  • The child’s age;
  • The age, physical and mental health of the grandparents;
  • The emotional ties between grandparents and the child;
  • The grandparents’ moral fitness;
  • Physical distance from the parents’ home;
  • Any undermining of the parents’ discipline;
  • The grandparents’ employment responsibilities;
  • The grandparents’ willingness not to interfere with the parents’ rearing of the child.

Usually grandparent visitation is not the equivalent of parental visitation.  Meaning grandparents will not get every other weekend under ordinary circumstances.

A Grandparent Visitation suit can also result in the Grandparents paying their own attorney fees PLUS those of the mother/father as  provided for in the statute.

Grandparents have rights in Mississippi to see their grandchildren.

**Grandparent Visitation is different from a grandparent seeking custody, which is a different standard and a blog for another day.

Matthew Thompson is a family law attorney and knows grandparent’s rights.

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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