Category Archives: Opinion

Good Faith; How to Act in a Family Law Case

01/29/2018 BowTieLawyer Leave a comment

Divorce can bring out the worst in people.

It can be hard to navigate, emotionally difficult and painfully slow. But, there is one primary thing you can do to persevere. Do the right thing. Every time. In Family Law we are often faced with conundrums on which way to go. Always choose the high road. Take the path that is in the best interests of your child. Do what is right.

Taking the low road may seem fun. The other side may deserve it, but in the long run the low road just brings you down to their level. Don’t forget that your case results in you literally being judged for your actions. Another person sits in Judgment of what you did, said and how you acted when under the microscope.

Matthew Thompson is a divorce attorney and advises his clients to do the right thing every time.

General Legal, Opinion

Participation Trophies & You…

01/19/2018 BowTieLawyer Leave a comment

I hear and read a lot about the downfall of society. I see it too, sometimes.

But what I hear often is the wailing about the travesty of Participation Trophies. Parents, in a huff, saying that the idea of getting an award just for showing up promotes weakness, unreasonable expectations and an attitude of undeserved reward.

These same parents say that when they were a kid that they earned the trophies they received or they didn’t get one…along with walking to school uphill, both ways in the snow. That getting a trophy for “nothing” means the child will still be living at home when they are 30, in mom’s basement playing video games and eating chips.

But guess what? These same parents are buying the Participation Trophies. I have never seen an 8-year old call Mars & Steele and place an order for 16, plasti-chromed figurines atop a pedestal, requesting that each be engraved with “Go Tigers! 2017”

Participation Trophies are not the downfall of society. They are a side-effect from either the parent not receiving a trophy when they were that age or from the parent that did receive one that is trying to prevent their child from experiencing the feeling you get when you don’t get a trophy.

Teaching your child to be a hard worker, to be strong and to earn what you work for is YOUR job as a parent. It is not the job of the Coach for the 8-year old soccer team. His job is to teach fundamentals, have fun and make sure the snack list is circulated and the parents sign up!

Matthew Thompson is a former 8-year old soccer coach and while his team may not have won every game, they had the best snacks!

Child Custody, Child Support, divorce, Opinion, Visitation

Judicial Elections; Picking “Your” Divorce Judge

01/04/2018 BowTieLawyer 2 Comments

It is the season of qualifying for Judicial candidates.

From now through May, persons qualified to run, may throw their hat in the ring to become your next family law judge. The requirements are fairly basic for Chancellor; be at least 26 years of age, a practicing attorney for five years, and a citizen of the state for five years. Miss. Const. of 1890, Art. 6, §§153 and 154; Miss. Code Ann. §9-5-1, and pay a fee of $100 to the Secretary of State’s Office.

Below is the current listing and the geographical area that the Judges are in. There will be many more persons qualifying in the coming weeks.

District 1: Alcorn, Itawamba, Monroe, Pontotoc, Prentiss, Lee, Tishomingo, Union

Stephen T. Bailey Chancery Court Judge 1, 4 *(The first number is the District, the second is the place.)

Bailey was recently appointed after the resignation of T.K. Moffett. Bailey was a solid choice for the appointment and will likely win even if opposed.

Jacqueline Mask Chancery Court Judge 1, 3

Current Chancellor.

Judge John Hatcher just announced his retirement which will mean another spot is available in this District.

District 4: Amite, Franklin, Pike, Walthall
Debbra K. Halford Chancery Court Judge 4, 1

Current Chancellor.

Wayne Smith Chancery Court Judge 4, 2

Current Chancellor.

District 5: Hinds County
Dewayne Thomas Chancery Court Judge 5, 1

Current Chancellor. Judge Thomas will have this position for as long as he wants it.

Hinds County will be very interesting to watch as the three other current Chancellors, Owens, Singletary, and Wise, have all considered retirement.

District 6: Attala, Carroll, Choctaw, Kemper, Neshoba, Winston
Joseph Kilgore Chancery Court Judge 6, 1

Current Chancellor.

Rosalind H. Jordan Chancery Court Judge 6, 2

District 7: Bolivar, Coahoma, Leflore, Quitman, Tallahatchie, Tunica
Catherine Farris-Carter Chancery Court Judge 7, 1

Current Chancellor.

District 9: Humphreys, Issaquena, Sharkey, Sunflower, Warren, Washington
Jane R. Weathersby Chancery Court Judge 9, 2

Current Chancellor.

Vicki Roach Barnes Chancery Court Judge 9, 3

Current Chancellor.

District 10: Forrest, Lamar, Marion, Pearl River, Perry
Rhea Sheldon Chancery Court Judge 10, 2

Current Chancellor.

Vanessa Jones Chancery Court Judge 10, 3

This is a race to watch. Judge Williams, I believe, is retiring, and this a large area with lots of attorneys and will be interesting to see who qualifies.

District 11: Holmes, Leake, Madison, Yazoo
Cynthia Lee Brewer Chancery Court Judge 11, 2

Current Chancellor.

James C. Walker Chancery Court Judge 11, 3

Current Chancellor.

I do not expect challengers to either sitting Judge, but it could happen.

District 12: Clarke, Lauderdale
Frances Smith Stephenson Chancery Court Judge 12, 1
Charles E. “Charlie” Smith Chancery Court Judge 12, 1

This is another race to watch. Long serving Judge Mason is retiring and there are multiple quality candidates for this position.

District 13: Covington, Jefferson Davis, Lawrence, Simpson, Smith
Gerald M. Martin Chancery Court Judge 13, 2

Current Chancellor.

District 14: Chickasaw, Clay, Lowndes, Noxubee, Oktibbeha, Webster
Gene Barton Chancery Court Judge 14, 1
Lee Ann Turner Chancery Court Judge 14, 1
Paula Drungole-Ellis Chancery Court Judge 14, 3
Roy A. Perkins Chancery Court Judge 14, 3

The judicial race for Starkville, Columbus, Westpoint, etc. will be fun to watch. All three current chancellors, Colom, Burns and Davidson, are retiring. This means there will be three new family law judges for this district. I expect a lot of candidates and several of the more talked about names have not yet qualified.

District 15: Copiah, Lincoln
Joseph Durr Chancery Court Judge 15

Judge Ed Patten is retiring.

District 16: George, Greene, Jackson- MS Coast (eastern half)
D. Neil Harris, Sr. Chancery Court Judge 16, 1

Current Chancellor.

Gary L. Roberts Chancery Court Judge 16, 2
David M. Allen Chancery Court Judge 16, 3
David C. Frazier Chancery Court Judge 16, 3
Mark A. Maples Chancery Court Judge 16, 3

District 18: Benton, Calhoun, Lafayette, Marshall, Tippah
Lawrence L. “Larry” Little Chancery Court Judge 18,1

Bob Whitwell Chancery Court Judge 18, 2

Current Chancellor.

District 20: Rankin County
John C. McLauren, Jr. Chancery Court Judge 20, 1

Current Chancellor.

Mel Coxwell Chancery Court Judge 20, 2
Troy F. Odom Chancery Court Judge 20, 2

Place 2 is a race to watch. Judicial stalwart John Grant is retiring and I expect 3-5 candidates for this position. It will also be a close race as those qualified, and expected to be, are all great candidates.

Haydn J. Roberts Chancery Court Judge 20, 3

Current Chancellor.

Matthew Thompson is a Family Law Attorney in Mississippi and has practiced in most Chancery Court districts in the State.

humor, Opinion

Snowflake Criticism; I’m not sure you’re using it right…

12/08/2017 BowTieLawyer Leave a comment

The en vogue criticism is calling a liberal-someone a “snowflake.”

However, today a bunch of snowflakes have shut down state and local government, most schools and have helped persons lose their minds, temporarily.

I think snowflakes are tougher than we give them credit for. – Matthew Thompson

Matthew Thompson is family law attorney in Mississippi and cautions you to drive careful. It’s snowing.

Child Custody, Opinion, Visitation

Pearl Youth Court Update: Still Closed, Help Available…

11/06/2017 BowTieLawyer Leave a comment

In what has been the talk of Family Law Town, the Pearl Youth Court was shuttered last week. It has been permanently closed. In the last week more light has been shined on systemic issues within Pearl Youth Court.

The Judge that resigned, John Shirley, issued a statement on November 1, 2017, alleging political games between the City of Pearl Mayor, Jake Windham, and County Court Judge (and Rankin Youth Court Judge) Tom Broome, both conspiring to oust him. The mayor did so due to “political favors” and budget issues and the other Judge to get his case numbers up for additional grant money, according to Shirley. It is quite the read.

The new allegations include similar conduct alleged in the first instance, that is the Judge preventing a parent from having contact with their child due to unpaid fees. The allegations say this went on for well over a year.

Anyone with a Pearl Youth Court case can email Rankin County Youth Court at youthcourt@rankincounty.org or call at 601-824-2545 for a review of their case.

Matthew Thompson is a Youth Court attorney in Mississippi and can assist you in navigating Youth Court proceedings.

Child Custody, divorce, Opinion

Do Not Answer a Question with “Sure.”

10/27/2017 BowTieLawyer Leave a comment

Testifying in Court can be hard. It causes stress, anxiety, and it is seldom a great experience. However, some responses should be eliminated from your vocabulary.

(adjective) surer, surest.

1. free from doubt as to the reliability, character, action, etc., of something:

to be sure of one’s data.

2. confident, as of something expected:

sure of success.

3. convinced, fully persuaded, or positive:

to be sure of a person’s guilt.

(Slang definitions & phrases for sure)

Yes; certainly: Sure, I’ll support you (1842+)

While a slang use for sure could mean yes, it does not sound like it in Court.

NOT GOOD

Q: Mr. Witness, don’t you agree that telling your child that the other parent is a deceitful, hateful train-wreck is inappropriate.

A: Sure.

It sounds dismissive. It could be treated as a “whatever” response. You do not want to create an impression with the Court that you do not take the matter seriously.

BETTER

Q: Mr. Witness, don’t you agree that telling your child that the other parent is a deceitful, hateful train-wreck is inappropriate.

A: Yes, I did. It was wrong. I regret it. I will not discuss grown up things with the child again. I’m sorry for that.

This response is not dismissive. It answers the question. It demonstrates remorse and that the conduct will not repeat itself.

BEST*

Q: Mr. Witness, don’t you agree that telling your child that the other parent is a deceitful, hateful train-wreck is inappropriate.

A: Yes, I agree that would be inappropriate, but I never did that, nor would I.

This response is the best. It answers the question directly and advises the Court you did not do the conduct being complained of. (This response is only possible if it is the truth.*)

Of course you can say the word sure and use it in other responses, but it should likely not be a one-word response.

Matthew Thompson is a Family Law attorney in Mississippi and is sure that you should not answer a question with “sure” most of the time.

Child Custody, Child Support, Opinion, Visitation

Judge gets Benched!

10/26/2017 BowTieLawyer 1 Comment

Pearl Youth Court is closed for business.

The City of Pearl’s Youth Court judge, John Shirley, has resigned and Pearl’s Youth Court has been permanently closed. The abrupt closure comes after a complaint was lodged accusing the judge of entering a No Contact Order against a mother from contacting her 4-month-old child until she paid court-imposed fines and this continued for a period of 14-months.

According to The Clarion Ledger, an order was entered on Wednesday, October 25, 2017, reversing Judge Shirley’s earlier decision and returning the child to the moth

“Judge Shirley said Thursday he couldn’t specifically discuss the woman’s case, but said, whenever he issued a no-contact order, it was due to abuse or neglect of a child that hadn’t been corrected. Also, Shirley said he resigned his Pearl Youth Court judge position because of dispute with the city’s mayor.” Id.

” ‘I didn’t resign because of any pressure,’ ” Shirley said. ” ‘I resigned because I got tired of the policies in that administration.’ “

Judge Shirley was no stranger to criticism, though that is not too uncommon for Judges that rule on matters involving Family Law and Custody. While his resignation was abrupt and the closure of the Youth Court a surprise, to many it was a welcome surprise.

The Rankin County Youth Court in Pelahatchie is hearing the Pearl Youth Court matters that are pending.

Matthew Thompson is a family law and child custody attorney in Mississippi and previously practiced in Pearl Youth Court.