Category Archives: Opinion

-Every Other Weekend- It’s not just the weekends anymore.

06/06/2013 BowTieLawyer 3 Comments

“Standard” visitation is a term thrown around by lawyers and the Courts, but there is no such thing in Mississippi.

Having said that, Judges do have a standard visitation schedule. Confused yet?

Standard visitation is thought of as every other weekend, from Friday at 6:00 pm until Sunday at 6:00 pm. It includes Wednesday afternoons from 4:00 pm to 7:00 pm during those weeks a parent does not have weekend visitation, and 4 weeks in the summer (non-consecutive), and alternating major holidays.

One of the most difficult things to explain to a divorcing parent who will no longer be living with their children is that they may not be able to see the children anytime they want to. This is disturbing to me, to them and it should be to the Courts. That just because a mom and dad are getting a divorce that they can no longer live with or be with their children a substantial amount of time.

I encourage generous and liberal visitation. I encourage joint custody, but acknowledge there are circumstances where it is not best. Also, there are some parents that don’t want it. Every other weekend is fine. The parent can work and go out and have a life and then have a fun weekend with the kids, while the other parent is harping on them about grades, homework, bedtime and being well-behaved. It seems there is always a “Disney Dad,” that has elaborate trips and fun planned for his weekend, while the full-time mom is making egg-carton planters, explaining the wonders of growing bell peppers from seeds.

So what do you do? Be reasonable. Look for ways to allow the other parent to actually parent. Click here for the best thing you can do for your child! If you are on the receiving end of every other weekend, seek more. Ask for it. There is a trend in the law where non-custodial parents, usually dads, are getting more time. In fact, in Rankin County Mississippi there is a judge who regularly awards every other weekend, but defines it as Wednesday to Monday every other weekend. The pick-ups and drop-offs are at school. There is less opportunity for mom and dad to have contact and typically less conflict. It affords a non-custodial parent a lot time. This may not be right in every situation, but it is better than the alternative, usually.

Matthew Thompson is a family law attorney in Mississippi and thinks parents should continue to be parents even if they are no longer living together.

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Divorce, Opinion

Divorce Not-So-Funnies

05/31/2013 BowTieLawyer 1 Comment

On the heels of “Divorce Funnies” posted earlier this week, comes the not-so-funnies. These may hit a little too close to home, but ultimately funny, too.

Matthew Thompson is a family law attorney in Mississippi and has never put an outboard motor on a dining table.

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@wmtlawfirm.com.

Divorce, Opinion

Divorce Funnies

05/28/2013 BowTieLawyer 2 Comments

“You can turn painful situations around through laughter. If you can find humor in anything…you can survive it.”

-Bill Cosby

Matthew Thompson is a family law attorney in Mississippi and encourages you to keep your sense of humor.

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@wmtlawfirm.com.

Child Custody, Child Support, Divorce, General Legal, Marriage, Modifications, Opinion

Car Wreck Attorney = Car Wreck Divorce

05/24/2013 BowTieLawyer 1 Comment

Hiring a Non-Family Lawyer for your Family Law Case May NOT be Best. I am not disparaging Car Wreck attorneys, except to the extent that they should not be taking on a contested divorce case unless they know what they are doing.

All too often I find myself dealing with a client’s divorce after the fact. After they had a non-family law attorney “handle” it for them. It is NOT pretty.

There is a misconception among attorneys that regardless of anything else, you can always do Divorces and Wills. This claim has shown true, especially in the economic climate we are currently experiencing. There is a glut of “divorce” attorneys who aren’t.

The benefits of having an experienced attorney handle your matter are countless. An experienced attorney knows the ins and outs of the law, knows the particulars of the local judges, and knows the other attorneys that practice in the area. This knowledge and experience is INVALUABLE. Additionally, experience is the best teacher. Practicing family law for close two decades, or longer, is always advantageous to 1) having studied domestic relations in law school and 2) helped your neighbor’s cousin in his divorce.

Want to know that you are being represented and represented well, get an attorney experienced in the area of law you need. Want your divorce to be a Car Wreck, hire a Car Wreck attorney.

Matthew Thompson is an experienced family law attorney in Mississippi and would hire a car wreck attorney to handles his car wreck case, not a divorce.

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You may also contact Matthew with your family law case, question or concern at (601) 850-8000

General Legal, Opinion

Never Refuse a Breath Mint

05/22/2013 BowTieLawyer 1 Comment

In life there are few absolutes. Death and taxes are commonly accepted as inevitable.

A piece of advice to always heed, if you are offered a mint, accept it! Accept it graciously and consider taking two.

Matthew Thompson is a family law attorney in Mississippi and accepts mints and usually has them in the briefcase.

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@wmtlawfirm.com.

Child Custody, Divorce, General Legal, Opinion, Visitation

Emergency! The 411 on 911 in Court

05/20/2013 BowTieLawyer 2 Comments

I get the call, at least, weekly. It is an EMERGENCY! I have to get into Court yesterday to solve some critical issue. However, once I start asking questions the emergency is more like an inconvenience.

For Court purposes, think of an emergency as being a true emergency; danger of life or limb, or the immediate threat of imminent and irreparable harm.

The Court judges emergencies on a case by case basis to make sure they have merit. Some examples of emergencies include;

when the custodial parent refuses life saving medical treatment, against medical advice
when one parent absconds with a child, it’s not “their” time and refuses all contact
when a parent is using illegal drugs in the presence of the child and/or exposing the child to that lifestyle
is abusing the child
is neglecting the child

Some examples of non-emergencies, at least for Court purposes;

is 15 minutes late for a pick-up or a drop-off, even multiple times
stops paying the house mortgage
forgot to give the recommended dose of antibiotics
returns the child in the same clothes that he was dropped off in
returns the child with a scratch or bruise caused by kids being kids

Emergencies are quite often judgment calls and the Judges treat these seriously when they are serious and are nonplussed when a lawyer files an Emergency Petition over a non-urgent circumstance. The Judges are also somewhat on guard against persons using ERs for tactical advantage and this can and does backfire on the petitioner if it is not a true emergency.

Matthew Thompson is a family law attorney in Mississippi and is careful on the draw about declaring emergencies.

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

Child Custody, Divorce, General Legal, Irreconcilable differences, Opinion

Why Settling your case is BEST!

05/18/2013 BowTieLawyer 6 Comments

“I want a bulldog!”

“I want to take him to the cleaners!”

“It’s the principle!”

Oftentimes I am asked the difference between settling a case and litigating a case to a conclusion. In my experience, more often than not, settling your case leads to a better result. Here’s why.

It eliminates the uncertainty of a Court ruling. You know what you get.
It usually results in a quicker end.
It can save money.
Settlement gives your more control and “say” in the final outcome.
Settling your case allows the matter to end on a “positive” note, perhaps more amicable than otherwise.

Cases can be settled through a variety of ways, through negotiation or mediation, either through the parties, through the attorneys or a combination of both.

These are just some of the reasons why settling your case may be best. However, there are also those cases that cannot be settled. Typically, hotly contested custody cases cannot be settled because both parties genuinely believe that they have to fight for what they think is best. And sometimes the other party is just a big jerk that makes everything a fight!

Know this;

People don’t get taken to the cleaners (unless they agree).
Suing on principle is unsatisfying and expensive.
Bulldog lawyers seldom make a difference in the outcome, they only alter how you get there.

Matthew Thompson is a family law attorney in Mississippi and can attest that big jerks can try to fight, but usually get what they deserve…