Category Archives: Modifications

Child Custody, General Legal, Modifications

Don’t Wait 2 Years.

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All too often I hear from a potential client months or years after an event that they NOW want to use as the basis for a significant change.

The call comes in and goes something like this;

Potential Client:  My ex took our child, moved to California and did not tell me.  She can’t do that, right?  What can I do about it?

Lawyer:  What was the custody arrangement and when was the move?

PC:  She had physical custody and moved 2 years ago.

Lawyer:  What have you done the last 2 years? Have you seen the child?

PC: Oh, I’ve seen her some, around the holidays and the summers, but now I want custody.

Lawyer:  Is the mom unfit? Is the child in danger or trouble?

PC: No, but she took her out of state. That’s kidnapping, right?

It’s not kidnapping and the move will likely not serve as the basis for a custody change with nothing more.  Also, your failure to act in a timely manner will be used against you.  Even though you did not “agree” you’re conduct showed you “acquiesced.”  Acquiesce means to “agree” by being silent or by not taking action immediately, objecting to the change.

It’s not just in Custody matters either.  Marital fault, financial shenanigans and other improper conduct is lessened with time.

Matthew Thompson is a Mississippi Child Custody Law attorney and advises Don’t Delay, Call Today!

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, 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, Crime, Divorce, General Legal, Marriage, Modifications, Opinion

You Are Your Own Worst Enemy!

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In Court there are a lot of forces against you.  Your spouse or ex-spouse, their attorney, sometimes the Judge, at least seemingly, the GAL, the Court appointed expert all are not looking out for your best interests. But, who is your own worst enemy?  Your lawyer? NO!

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It’s YOU!

More often than not, when there is a disaster it is due to your own making or at least you are a major contributor.  Not following the advice of your lawyer is one of the main factors in you making your case worse.  Doing what you want or feel like is another.  Deliberately defying a Court Order is never smart either.

So, how do you avoid disaster.  Listen.  Heed the advice given.  Do NOT do things contrary to that advice.  If in doubt don’t act, but ask.  That alone is worth the price of this blog.

“If in doubt ASK, don’t ACT!” – Matthew Thompson

Matthew Thompson is a Family Law Attorney and gives lots of advice on a daily basis.

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, Modifications

Military Service and Child Custody

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Many service members deal with serious family law issues which seem exacerbated by their military service.  As if just working full-time and trying to balance life were not enough, being subject to deployment, frequent moves and dangerous activities add to making a bad circumstance worse.  But, recently Mississippi has tried to make custody issues for military members a little easier.

Mississippi recently enacted a statute dealing with child custody when a parent receives temporary duty, deployment or mobilization orders.  MCA 93-5-34, provides a fair, efficient and swift process to resolve custody matters when dealing with a military parent.  Upon such circumstances of a custodial parent being “called up” the statute provides that the other parent will have custody, but that custody ends within 10 days of the former custodial parent returning from service.

Additionally, it provides that the deployed parent shall have reasonable access for phone and video visits.  The deployed member may also delegate visitation to their own family members.  These types of military custody cases receive priority by the Courts to be heard and the deployed parent may “attend” via affidavit or electronic means where possible.

Lastly, a parent’s deployment and subsequent custody change cannot be used against that parent upon their return.  Mississippi has enacted sensible, fair custody legislation that protects military service members and their families.

Matthew Thompson is a Military Divorce Attorney in Mississippi.  Happy Veteran’s Day and thank you to all you have served. 

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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Child Custody, Divorce, Modifications

Jr. is 12+, he picks where he lives, right?… Child Preferences and the Law

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If I had a nickel for every time a parent has said,

“Well, Jr. is (insert age) so I reckon he picks where he lives, right?”…

I’d have a wheel barrow full of nickels.

It’s true that a child may express a custodial preference if they are 12 years old or older, however that preference alone will not carry the custody issue.  It is but one factor that the Court must consider when performing an Albright Analysis.  Albright is the case that lists the factors the judge must consider when determining custody.

Said another way a 12-year-old does not get to pick and that be the end of the story.  There are a myriad of cases where a child has stated a preference for one parent and the Court determined that the best interests of the child favored the other parent.  One famous case involved a 14-year-old that wanted to live with Dad.  Dad purchased him a 4-wheeler, let him have a TV in his bedroom and kept his  “Adult” magazines around, easily accessible.  Mom, on the other hand, made him eat his vegetables, do his homework, no TV in his room and forbade inappropriate materials.  If you’re a 14-year-old male teen, who would you pick?  The Court determined, after a factual analysis, that mom was better suited for the teen, despite his stated preference.  This case was upheld by the appellate court as well.

So, a child 12 or older can state a preference, but it may not carry the day.  The better course would be for mom and dad to resolve the custody visitation issues and prevent the child from being in that position.  However, that advice is easy to say and very difficult to follow in certain circumstances.

Matthew Thompson is a Child Custody Attorney in Mississippi.  While child preferences in a custody case matter, that alone will not support an initial custody decision, nor is the sole basis for a modification.  

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, Crime, Divorce, Modifications, Opinion

Drugs, Sex & Rock-n-Roll…No, Just DRUGS.

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Drugs, it seems, are back on the scene in a big way.  Habitual Drug use is a ground for divorce.  Drug use can be a bar to custody.  Drug abuse is a Crime and can lead to other troubles.

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It’s more and more common for parties in family law cases to be drug tested.  Urine, hair follicles, blood and even finger nails can be tested for drug use.  Depending on the test, results can show drugs or alcohol in your system from 2 days ago up to 90 days ago.  And testing “Hot” is not a good thing.

In your Family Law case the Court will put a lot of weight in a Failed Drug test when determining custody, visitation and credibility.  While a Failed Drug test does not guaranty you will lose custody, it certainly does not help.  It also can matter what type of drugs, how recent and quantities that the test results show.

Use, whether it is “recreational,” “just once” or “I never inhaled” can and will be used against you.  Drug use can also be an element of child neglect/abuse.

Once, I was discussing visitation rights with a non-custodial parent.  I made the comment, “Well, as long as you did not have a meth lab in the garage you have nothing to worry about.”  The response, “What if I did?”  “That’s going to be a problem…“

Now, all is not lost if you have used drugs or are using drugs, IF you STOP!  Court’s like to see people “get their act together” “turn their life around” and “be productive members of society.”  You can see your kids and you may even get or regain custody if you are doing all the right things.

Matthew Thompson is an Adjunct Professor teaching Domestic Relations and a Divorce Attorney.  In the words of Nancy Reagan, “JUST SAY NO!”

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 Support, Crime, Modifications, Opinion

Child Support, DHS and Why You Should Care; Pay Attention or You May Pay More!

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Child Support is the court ordered obligation the non-custodial parent pays the custodial parent for the necessary child related expenses. Usually Dad pays it directly to Mom in a divorce situation and in paternity cases it’s more often through DHS, the Department of Human Services-Child Support Enforcement Unit. (dah-duhn) (the Law and Order “sound” being referenced just now.)

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It is standard that if dad is delinquent on payments or mom seeks state benefits, opening a case with DHS will cause the monies to be redirected through DHS, and possibly a Withholding Order be issued against the payor.  The law provides that DHS can do this summarily upon application with minimal notice requirements and does not require a modification of your Court Order by the Court which originally ordered it.

This is kind of a big deal.  In plain English, this means that if mom says your late, DHS swings into action.  They send you a letter stating you are behind, threaten to suspend your license, send a Withholding Order to your work and assume guilt automatically.  This creates lots of hassle and headache when it’s not true.  Additionally, when it’s not true, it takes filing an action in Court to fix it, securing an Order.  There are usually no consequences for mom and she can do it again if she wants.

Well, DHS is stepping up their enforcement another notch. Mom can go in and just say, “I want him to pay through DHS.”  She does not have to allege any delinquency, she does not have to apply for other state benefits.  She pays $25, opens a case and dad is notified that from that point he is to pay directly to and through DHS.  If dad does not pay directly, DHS will pursue contempt and arrearage against him.   And DHS considers the letter, which dad may or may not have even received, as sufficient and reasonable notice to dad and treats dad’s continued payments to mom as “gifts.” All of this without formal Court involvement and in my view far short of “due process,” but nonetheless valid as of now. MCA 43-19-35, et seq.

So if you are paying child support directly and get something from DHS, DO NOT IGNORE IT.  It could have serious implications on who and what you pay.  Notify your attorney immediately.  If you are receiving child support and are having issues with the payor, consider having it redirected through DHS.  It is a much less expensive alternative to a private attorney when that deadbeat ain’t paying.

Whether you like the DHS process or not it is being enforced force and taking effect.

Matthew Thompson, a Child Support Lawyer and Family Law Adj. Professor at MC Law, encourages you to know your rights and obligations when it comes to Child Support. Pay your Support and Pay it Often!

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