A parent has a moral and legal duty to promote a healthy, affectionate relationship between the child and the other parent!
What? You justify your conduct by saying, “I am not bad-mouthing him.” But, just not bad-mouthing him is not enough. You have an affirmative duty to promote a good relationship. (With rare exceptions for the health and safety of the child.)
Encourage, promote and truly desire a good relationship between your child and the other parent. Your child will benefit!
Matthew Thompson is a Family Law & Divorce Attorney and reminds you that a child with two parents that get along and are involved is better than the alternative.
Food, shelter and clothing are necessities and while providing them is the minimum, doing so alone does not make you a great parent.
Do you encourage a relationship between the child and the other parent?
Just NOT badmouthing them does not make you a great parent. You should encourage and promote a good relationship. Oh, and it’s required when parties have joint legal custody.
Do you withhold financial support from your child?
Money isn’t everything, but there is no excuse for not supporting your child.
Do you degrade the other parent to your child?
“I don’t lie to my child!” 1) Yes, you do. Everyday, to protect them. 2) Telling them how big a scoundrel the other parent is hurts the child. Half of their identity is from that scoundrel!
Do you prevent your child from seeing the other parent or interfere with the visitation?
Out of sight is NOT out of mind. Absence can make the heart grow fonder…
Matthew Thompson is a Child Custody Lawyer in Mississippi and reminds you to not be a terrible parent.
There is a run-off election tomorrow between the current Court of Appeals Judge Jack Wilson and the current Madison County Court Judge Ed Hannan for the Court of Appeals.
You may read about each candidate at the site linked to their pics above. Judge Wilson was in the lead after last Tuesday’s vote, but did not have a majority, hence the runoff.
Judge Wilson was appointed to the Mississippi Court of Appeals by Gov. Phil Bryant effective July 1, 2015. Since joining the Court of Appeals, Judge Wilson has participated in over 500 cases and has authored 78 published majority opinions for the Court — more than any other member of the Court — and another 15 separate opinions. Despite his youthful appearance, Judge Wilson has appellate court chops.
Judge Hannan was first elected Madison County Court Judge in 2006 and was re-elected in 2010 and 2014. As County Court Judge he presides over Youth Court and the Special Court of Eminent Domain. In 2011, he was appointed Special Circuit Judge by the Mississippi Supreme Court to preside over the then newly created Twentieth Circuit District Drug Court for Madison and Rankin Counties. He serves as a Special Circuit Judge and Acting Circuit Judge in criminal and civil cases in Madison County.
This bloggers prediction? Low voter turnout for a run-off, but Jack Wilson takes it. He’s the incumbent and is backed by the majority in power. He’s also a great candidate…
Matthew Thompson is a family law attorney in Mississippi and would ONLY have a dog in this fight if a Chancery case was appealed.
Sitting Chancery Judge John McLaurin cruised to victory in Tuesday’s election, garnering over 75% of the vote. No small feat since about half of the time one litigant in his Courtroom could easily end up very dissatisfied. The citizens of Rankin County did well to retain Judge McLaurin.
If you have Court and your testimony matters, show up. If the issues before the Court impact you in a “bigly” manner, show up. Rarely is a good outcome achieved in your absence, and no amount of explanation will be sufficient if you weren’t there to witness it for yourself.
When you do show up, tell the truth.
Matthew Thompson is a Family Law Attorney in Mississippi and reminds you that 99% of the time that good results are earned, it is, in part, due to the fact that you showed up.
Cash is King, but only when you can prove you paid it!
When a party alleges that the other has not paid their support obligations the Court looks to the payor to prove what was paid, not the payee to prove what was not. In simple terms, if you owed $500 per month in child support and I sued you for contempt and said you had not paid, that’s all I have to do, and the burden shifts to you to prove you did pay what was Ordered and owed. If you cannot prove it, you may be out of luck.
“But I paid cash…,”are famous last words. She is not going to admit that you paid cash or if you did it was because you owed her money, not that it was the child support payment.
Get a receipt. Everytime. Hand write it on notebook paper if you have to. Keep good records. How much was paid and on what date it was paid. Your wallet and your freedom, at least temporarily, may depend on it.
Matthew Thompson is a Family Law attorney in Mississippi and advises you to get a receipt.
You are in the fight of your life against the one person who promised before God and everybody to always love and cherish you. Where’s the love now?
But dragging others into the fight may be the wrong move. I routinely see parents wanting to bring the kids in to testify, while stating that they do not want to bring the kids in to testify. Kind of a sorry-not sorry attitude.
Child testimony is permissible. There are some Gate-keeping obligations of the Court to apply prior to actual testimony being allowed. There are also various methods used by various Judges on taking child testimony. However, more basic than the trustworthiness of the testimomy and whether it should be in chambers or in open Court, is whether the child should be in that position at all.
The Mississippi Supreme Court stated, “We reiterate that parents in a divorce proceeding should if at all possible refrain from calling any of the children of their marriage…as witnesses, and counsel should advise their clients against doing so except in the most exigent cases.” Jethrow v. Jethrow, 571 So. 2d 270, 274 (Miss. 1990).
If there are not exigent circumstances, i.e.; abuse, criminal activity involving the child, physically dangerous activity and there is no other means to corroborate these facts, testimony may be required, but if it’s run of the mill dad did this or didn’t do that, or dad let the girlfriend give her a makeover, or mom’s boyfriend took them to Chik-fil-a, and these persons are not dangerous persons nor prohibited from being around per a Court Order, child testimony should be avoided.
Think about it from the child’s perspective, not your own. Your job is to do what is best for them, every time.
Matthew Thompson is a Child Custody attorney and cautions you on relying on child testimony when it’s not necessary.
