Category Archives: Opinion

Divorce, General Legal, humor, Opinion

Some “Crazy” Mississippi Laws…Setting Aside Your Divorce

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Just one in a series of posts of some State Laws that are on the Books in Mississippi. In Mississippi you can undo your Divorce!

In Mississippi, you can legally UNDIVORCE!  Yes, you can have your judgment of divorce revoked by the Court that granted it.  This is not a remarriage, but rather judicially undoing the legal divorce. Why, you ask?  

Well, just like sometimes people marry the wrong person, sometimes you divorced the wrong person…

MCA 93-5-31, provides that a judgment of divorce may be revoked at any time by the Court that granted it.  The Court may require “satisfactory proof of reconciliation,” as well as “such regulation as it may deem proper.”  It requires a joint application of both parties. The process can be fairly simple and quick.

Upon approval by the Court, you can have your divorce erased and it’s as if you were never legally divorced.  You get “credit” for being married those years you were not, so 25 years still equals 25 years.

This is a very unique quirk in MS law and not widely known. In fact, a few judges, I have heard, have questioned whether they had the authority to do an undivorce and if it was legal.  They do and it is.

Matthew Thompson is a family law attorney in Mississippi and whether you marriage was a mistake or your divorce was a mistake, I can help!

General Legal, humor, Opinion

Some “Crazy” Mississippi Laws…Poison Edition.

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Just one in a series of posts of some State Laws that are on the Books in Mississippi.

It’s a crime to sell or give poison to a child.

MCA § 97-27-31 A druggist, apothecary, or other person shall not sell or give away any poison to any minor, and for so doing he shall be punished as for a misdemeanor.

Don’t send Jr. to the ACE Hardware to get Rat Poison!!

Matthew Thompson is a child custody attorney in Mississippi and does not send his children to the hardware store for poison.

Adoption, General Legal, Opinion

Adoption Law Tweak – Why WORDS Matter!?

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Basic Adoption Statutory law is being amended by legislation. The change is replacing essentially one word with another.

MCA 93-17-3 requires a certificate by a doctor or nurse practitioner stating the adoptive child’s health and mental condition. This provision does not require the adoptive child be healthy, but is instead required so the adoptive parent knows IF there are any health concerns; mental or physical.

The statutory change is replacing “doctor” with “physician.”

The word “physician” in the section means a person licensed under Chapter 25, Title 73, Mississippi Code of 1972.

MCA 25-73-1 holds that “Every person who desires to practice medicine must first obtain a license to do so from the state board of medical licensure…”,

So the law change requires the child be evaluated by a licensed physician or nurse practitioner. This change eliminates “doctors” that are not licensed physicians from doing these certificates.

So Ph.D.s and J.D.s, like myself, are now excluded, by law.

I wonder what happened to prompt this change. It seems common sense as to what the statute meant and required…

Matthew Thompson and Chad King are Adoption and Child Welfare attorneys in the State of Mississippi and have never contemplated submitting a Doctor’s Certificate merely because they hold a Juris Doctorate (Doctor of Jurisprudence). And, don’t call us Doctor!

Child Custody, Child Support, Divorce, General Legal, Opinion, Visitation

Joint Custody Bill- DOA – Dead on Arrival

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Senate Bill 2484, seeking to create a presumption of joint custody died yesterday, March 12.

This Bill which passed the Senate initially, then amended in the House, passed and sent back was ultimately not voted on and died a calendar death on 3/12/25.

It sought to require Joint Physical Custody and equal parenting time in every custody case unless the Court found a compelling reason to not grant shared parenting.

It necessarily would have put the every other weekend schedule as “standard” as outdated…

It also sought to amend child support determinations in the event joint custody was granted.

But, alas, it’s for naught. The scuttlebutt was there was an upswell of concerns about how far this proposal really went and that judges and even some family law attorneys had concerns.

Regardless, there will be no significant changes in family law this session…

Matthew Thompson is a child custody and child welfare attorney in Mississippi.

Foster Care, Foster Parent, General Legal, Opinion

Eagle Scout Project Seeks Children’s Book(s) Donations!!

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BOOKS COMFORT CHILDREN

Eagle-candidate James, with Troop 15-Madison, needs your HELP!!

James is seeking donations of new and gently used children’s books. These books will be sorted by age-appropriateness and genre and given to Children within Child Protection Services.

Books will be provided to Youth Courts in the tri-county area for their playrooms/libraries, to Foster Parents, to CPS Social Workers and to the Children!

Watch the attached Video for more information.

Books may be dropped off at the Canton, Madison, and/or Ridgeland libraries, local area business will soon have drop boxes, as will local schools and churches.

You may also drop children’s books at Thompson Law Firm, located at 2060 Main Street, Madison, MS 39110.

You may email any questions or concerns to JamesParmley7@gmail.com or contact any Scout or Leader with Troop 15 Madison, or contact Matthew Thompson at Matthew@ThompsonLaw.ms or text him at (601) 906-6545.

Child Custody, Foster Care, Foster Parent, General Legal, Opinion

Youth Court Permanency Hearing(s), Review Hearing(s) & You. Deadlines Changing…

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A still-alive MS Bill seeks to tweak the Youth Court timeline when a child has been adjudicated neglected and abused for a permanency hearing.

The current law requires that the youth court shall conduct a permanency hearing within one hundred twenty (120) days or every sixty (60) days for children under three (3) years of age after the earlier of:

(i) An adjudication that the child has been abused or neglected; or

(ii) The date of the child’s removal from the allegedly abusive or neglectful custodian/parent.

The proposed changes requires;

the youth court shall conduct a permanency hearing within * * * three (3) months * * * after the earlier of the following and every three (3) months thereafter:

(i) An adjudication that the child has been abused or neglected; or
(ii) The date of the child’s removal from the allegedly abusive or neglectful custodian/parent.

This change is not that significant and likely will not effect you.

Matthew Thompson is a child welfare attorney and noticed this when review pending legislation and needed a filler blog for the week of Spring Break.

Child Custody, Grandparent Visitation, Opinion, Visitation

UPDATE- FAILED. Joint Custody – Now & Forever!

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A new bill in Mississippi will require Joint Physical Custody & EQUAL Parenting TIME, unless the Court finds a compelling reason not too…

Senate Bill 2484 requires that, “There shall be a rebuttable presumption that joint custody and equally shared parenting time is in the best interest of the child. If the court grants joint custody and equally shared parenting time, the court shall construct a parenting time schedule which maximizes the time each parent has with the child and ensures the best interest of the child is met.“

(ii) The presumption created in subparagraph (i) of this paragraph shall be rebuttable by a preponderance of the evidence. A court that does not award joint custody with equally shared parenting time shall document the reasons for deviating from the presumption.

(b) To calculate child support for joint custody with equally shared parenting time, unless the court determines a deviation from this paragraph is in the best interest of the child, the court shall:

(i) Calculate a child-support award under the guidelines of Section 43-19-101 for each parent as if each parent was the obligor;

(ii) Calculate the difference in the two (2) awards by subtracting the lesser award from the larger award; and

(iii) Order the difference in the two (2) awards to be paid by the parent who has the higher adjusted gross income to the parent with the lower adjusted gross income.


(c) Upon petition of both parents, the court may grant legal and/or physical custody to one (1) parent without documenting a reason for deviation.

This is a potential monumental change in child custody law, primarily the requirement for equal parenting time. If signed into law this does away with the every other weekend visitation schedule…

Additionally, it drastically changes the child support landscape and can have “mom” paying “dad” dependent upon the math.

This made its way through the legislature with little fanfare and virtually zero input from practitioners and judges.

Matthew Thompson is child custody attorney and believes children do best with both parents as involved as possible.

Child Custody, Divorce, General Legal, Marriage, Opinion, Visitation

Birds Nest Custody.

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Courts usually grant custody to one parent or the other and the non-custodial parent exercises his time at places and locations he sees fit…

However, sometimes the Court needs an unusual solution to an unusual problem.

Consider the Birds Nest custody arrangement.

In a birds nest, the children stay in the “nest” aka the marital home and mom and dad take turns coming and going from the home.

During mom’s time she has custody to the children and the home, to the exclusion of dad.

During dad’s time he has exclusive custody of the kids and home and mom is excluded.

This is a good solution when the child has a unique need and having that structure of home base is in their best interest.

It’s also a viable solution when use of the home is needed by a party for work as the “home office” or tools of the trade are kept on the property.

This is not an often used remedy as it requires potentially 3 temporary residences, but can be an effective tool in the tool belt of solutions in limited circumstances.

Matthew Thompson is a child custody attorney and recommends the birds nest in unique cases.