Category Archives: Opinion

Advice to Parents; Grow up

If you are the parent to a child then act like it.

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We have seen the reports and stories of parents going off the deep end. Using illegal drugs, abusing substances, pursuing bad-idea relationships and ultimately putting their own selfish desires above the needs of their children.  It’s time to stop.

There are only a handful of people that you, as a parent, are ultimately responsible for; yourself and the people you brought into this world, your children.

Don’t shirk your duties. Don’t neglect your children. Don’t be so consumed with your own desires that you lose sight of what is important. Don’t hate another person so much it clouds your judgment when it comes to your children.

Matthew Thompson is a Child Custody attorney and encourages parents to grow up and act like a parent.

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Clarion-Ledger: Protecting families, or prolonging misery?

Protecting families, or prolonging misery?

Matthew Thompson is a Mississippi family law attorney and professor, and having difficult, drawn-out and costly divorces would be good for his pocketbook.

But Thompson supports reform and changes to divorce laws, “even though it’s against my own self interests.”

“The current laws make it expensive, and in some instances, impossible to get a divorce,” said Thompson, whose firm focuses on family law statewide and who is a professor teaching domestic relations at Mississippi College’s law school.

Thompson said the Legislature’s recent divorce law reform, removing a corroboration requirement for abused spouses, is a needed change.

“Our law has required cruelty claims be corroborated with evidence beyond that of the victim’s testimony,” Thompson said. “… Even if the court believed you, you had to have a neighbor, family member, police report or picture, or you didn’t have corroboration … Now, if the court finds the victim truthful and credible, the court can accept that. If you take a step back and think, that makes sense. Our judges have always been the lie detector, always the barometer of whether someone was credible.

“There is some form of abuse in a vast number of divorce cases,” Thompson said. “Not every one, but a lot of them. When you drill down and include physical, mental, emotional, verbal abuse — It’s a significant number of cases. We as human beings treat the people we are supposed to love the most the worst.”

Thompson said he supports Mississippi creating a “no-fault” ground for divorce. South Dakota is the only other state without such a ground. He said opposition to this change, from those saying it will weaken the sanctity of marriage and increase divorces, is misguided. In practice, Mississippi’s lack of a no-fault ground allows one spouse to hold up a divorce, sometimes for years.

“The idea behind making it difficult to get a divorce is that Mississippi is promoting marriage,” Thompson said. “But when you go 10 years and it costs tens of thousands of dollars — those aren’t intact families trying to get back together.

“Our law promotes divorce blackmail,” Thompson said. “… You have to pay what I say, or agree to what I want, or I won’t agree to a divorce … You have a fundamental, constitutional right to marriage, according to (a U.S. Supreme Court ruling). Shouldn’t you have a fundamental right to a divorce? I guess the counter to that is that you don’t have to get married.”

Thompson said some of the moral and religious arguments focused on divorce policies should be focused on the front-end, marriage policies.

“Our state has made it phenomenally easy to get into a marriage,” Thompson said. “There used to be a three-day wait, used to be a blood test requirement. But now you just go to the circuit clerk and pay $25.

“Studies show having mom and dad happily married and living together is what’s best for children and families,” Thompson said. “Having mom and dad get along and living separately would be second best. Mom and dad living together and fighting and being miserable, whether it’s violent or just cold war, that’s not the best. If this is really about protecting families, there are ways to do that, but still have an appropriate and reasonable means to get out of a marriage. It shouldn’t take a beating or physical violence to get there.”

Contact Geoff Pender at 601-961-7266 or gpender@gannett.com. Follow him on Twitter.

Remembering Memorial Day. 

On Memorial Day, the flag of the United States is raised briskly to the top of the staff and then solemnly lowered to the half-staff position, where it remains only until noon. It is then raised to full-staff for the remainder of the day.

The half-staff position remembers the more than one million men and women who gave their lives in service of our country. At noon, their memory is raised by the living, who resolve not to let their sacrifices be in vain. 

Matthew Thompson 

Go to Your Child’s Events.

They can be long, boring and seemingly insignificant. Go anyway. You have to sit by people you don’t know and talk to people with coffee breath. Go anyway.

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They are precious milestones that will be over too soon. Graduation, Field Day, Grandparent’s Day, AR Recognition, Chapel, plays, musicals, ball games and spelling bees. Go.

Matthew Thompson is a Family Law attorney that tries to make these events a priority and reminds you to never refuse a breath mint.

www.BowTieLawyer.ms      (601)850-8000

 

R. Kelly; Singing the Blues?

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

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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.

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It’s NOT a Vast Conspiracy…(usually).

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

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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.

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

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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 Vodafonehttp://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.

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Biloxi Lighthouse: A Beacon in the Night

On March 3, 1847, the United States Congress authorized $12,000 for the construction of a lighthouse in Biloxi, Mississippi. The lighthouse was completed and placed in operation in 1848. The tower is 45 feet from the base to the lantern room and displayed nine lamps.

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The lighthouse is (now in the middle of Highway 90) across from the Biloxi visitors center. It is open for tours, weather permitting, every morning at 9:00 am, 9:15 am, and 9:30 am. $5 for adults, $2 for children and you get a Biloxi Lighthouse bracelet.

 

 

 

 

 

 

 

 

 

 

 

Throughout its IMG_8724history, the lighthouse has survived numerous hurricanes, including Camille and Katrina. Inside the lighthouse, blue lines are painted on the wall to mark historic storm surges above ‘mean sea level.’Hurricane Camille’s record of 17.5 feet was broken by Hurricane Katrina, which crested at 21.5 feet.

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The Biloxi Lighthouse is one of the most photographed sites on the Gulf Coast. The lighthouse was featured on over 2 million registered Mississippi vehicles on license plates.

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The Lighthouse uses 1-200 watt light bulb. It shines for 3 seconds and is dark for 1 second, a code unique to Biloxi. It has 3 backup bulbs if the primary bulb burns out.

In 2009, the landmark underwent a 14-month $400,000 restoration, finished in 2010.  It is the only lighthouse in the United States to stand in the middle of a U.S. Highway and is now billed as 65 feet tall. Today you can climb the Light’s 57 steps and 8-rung ladder into the light room. –Wikipedia. 

Matthew Thompson is a family law attorney in Mississippi, a History major and enjoys exploring Mississippi’s hidden and not-so-hidden gems.

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