Category Archives: Modifications

Child Custody, Crime, Divorce, General Legal, Irreconcilable differences, Marriage, Modifications, Opinion

The BEST 2 Rules for Handling your Divorce Case; Don’t Threaten and Don’t Bluff.

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2 Rules in Family Law and Negotiations to live by involve messing with the bull.

Frank Evans, Matador

#1 Don’t Threaten.  Do NOT threaten to take anyone’s kids away, ever. Do NOT threaten to take them to the cleaners. Do NOT threaten to put them under the jail, in the poorhouse or any other unsavory place.  Threats, usually, do NOT work and they incite anger, rage, irrational conduct, fear, resentment and a whole lot of legal fees.

#2 Don’t Bluff.  Bluffing and getting called on it shows weakness, lack of nerve and gumption.  Bluffing in the form of impossible threats, false deadlines and unattainable goals bolsters the other side and invites counter attacks.

So if we cannot threaten and cannot bluff what do we do?

#1  Explain the two courses of action available. 1) The easy way; Settlement, Mediation, working in common accord or, alternatively, door #2) Litigation.  Do not threaten action.  Take action.

#2  Do it.  Do NOT bluff, follow through with taking the actions necessary to accomplish your goals.

Matthew Thompson is a Divorce Attorney in Mississippi, Adjunct Law Professor at MC Law, and part-time soccer coach… and reminds you that when you mess with the bull, you get the horns…

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, 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