Category Archives: Visitation

Child Custody, Divorce, Opinion, Visitation

Child Testimony 101 & Updates

Leave a comment

Whether a child should testify is a decision that hopefully you as a parent will never face. The Mississippi Supreme Court, in a 1990 Opinion, held “We reiterate that parents in a divorce proceeding should …refrain from calling any of the children of their marriage, of tender years at least, as witnesses, and counsel should advise their clients against doing so except in the most exigent cases.”- Jethrow vs. Jethrow, 571 So.2d 270 (Miss. 1990). 

For testimony purposes a child witness of “tender years” is 12 and under and testifying is subject to the discretion of the Judge.

However, a recent Court of Appeals case requires ALL children be interviewed by the Judge in every custody case if a parent calls the child as a witness. It is now mandatory regardless of the age of the child, regardless of who has custody, and regardless even when the other parent objects believing same will result in harm, emotional or otherwise, due to the very young age of the child and even over the objection of the Guardian Ad Litem appointed for the child.  Daly v. Raines, No. 2022-CA-00600-COA

This is a scary proposition for most parents and something to consider when you are litigating. In divorce/custody/family law litigation your children will now be forced to participate if either parent so decides.

Be careful who you have a child with…

Matthew Thompson is a child custody and divorce lawyer in Mississippi and believes that only in exigent circumstance should child custody even be considered . However, the “law” doesn’t always allow for common sense to prevail…

Child Custody, General Legal, Visitation

Happy Father’s Day!

Leave a comment
Child Custody, Divorce, Visitation

SHELTER-IN-Place; Mississippi Custody & Visitation

1 Comment

Essential Travel includes, “Travel required by…court order, including to transport children pursuant to a custody agreement.

We are operating in uncharted waters as far as what to do and when to do it regarding getting out of the house. However, generally speaking the Court expects you to abide by its Order unless it is unsafe to so do. The Court then expects parents to act reasonably, communicate and make reasonable accommodations.

COVID-19 is NOT an excuse to be a terrible parent.

There are a lot of ways to interact safely; in-person, ( so long as it is safe to do so), Facetime, Zoom, telephone, email, text, video and other electronic means.

Matthew Thompson is a Child Custody lawyer and encourages parents to be reasonable and not try to take advantage of these circumstances. Do what you believe is in the best interests of your child.

Child Custody, Visitation

Child Custody & COVID-19

Leave a comment

We are getting many questions concerning Custody and Visitation schedules and exchanges of children during this time.
The first advice to give is to use common sense and follow the recommendations of authorities.  


From the CDC, The best way to prevent illness is to avoid being exposed to this virus. The virus is thought to spread mainly from person-to-person. Between people who are in close contact with one another (within about 6 feet). Through respiratory droplets produced when an infected person coughs or sneezes. These droplets can land in the mouths or noses of people who are nearby or possibly be inhaled into the lungs.  
If the necessary precautions have been taken, no one in either home is sick or showing symptoms, and no one in the home is in the vulnerable class, visitation exchanges should take place as ordered.  

If someone has been exposed to the virus or showing symptoms or is traveling from an infected area, be SOCIALLY RESPONSIBLE! Try to avoid travel and exposing other individuals to the virus. While children are resilient and may be asymptomatic, they can still spread the virus to vulnerable persons.  

If visitation exchanges are not possible, utilize FaceTime or video chats to maintain daily contact with your children. Parents need to work together for the safety and well being of everyone, which calls for flexibility and access, whether direct or remotely through technology.

Chad King is a Child Custody lawyer in Mississippi and reminds parents that being reasonable is not a weakness.

Child Custody, Visitation

How NOT to do supervised visitation.

Leave a comment

Supervised visitation is Ordered in rare circumstances, but is typically when the parent has had significant issues with illegal substances, run-ins with law enforcement, severe defiance of prior Orders or mental health issues. (Or a combo of the above)

These parents, of course, have the right to see their child, but the Court’s obligation is to make sure that it is as safe as possible.

Below is what NOT to do…

https://www.dailymail.co.uk/news/article-7827765/California-surgeon-arrested-trying-kidnap-son-12.html

Celebration, Child Custody, Visitation

Happy halloween- the “Forgotten” Holiday

Leave a comment

Halloween is a fun excuse to dress up, eat candy and be a kid again.

However, you may only get this chance if your divorce papers allow it! Halloween is not a “real” holiday, and while admittedly it has a relatively short shelf-life on being magical, it’s still a fun experience.

Halloween is not in the Court’s standard schedule and not a Federal Holiday. So, if you want it you better address it and/or ask the Court for the day or that it be alternated between the parents.

Don’t only count on the other parent to be reasonable. Sometimes they are NOT!

Matthew Thompson is a Child Custody lawyer in Mississippi and reminds you to consult the calendar when devising a custody schedule.

Child Custody, Child Support, Divorce, Opinion, Visitation

Best Parenting Advice; Be Consistent and Be Positive

1 Comment

No, this isn’t a Tony Robbins webinar.

This advice comes from years of custody disputes, multiple counselors, being a parent and seeing a lot of what-not-to-do.

#1 Be Consistent

Be there. Show up when you are supposed to. Be there when you can in addition to when you are supposed to. Be supportive mentally, emotionally, financially. Be calm. Be steady. Be there.

#1A Be Positive.

Be a good example. Be a positive role model. Say nice things about your child. Say nice things about the other parent. Be reassuring. Be encouraging. Be loving. Be affectionate.

That’s it. Do those things. You’ll win at parenting.

Matthew Thompson is a child custody attorney in Mississippi and encourages all parents to be consistent and be positive, even you.

(601)850-8000 Matthew@bowtielawyer.ms

Child Custody, Divorce, General Legal, Visitation

School records, grades and cooperation…

Leave a comment

If you’re a parent you are entitled to your child’s school record, grades and information.

This is true regardless of the type of custody or visitation you have. This is true regardless of whether the other parent gives it to you or not. You are entitled to it by law in Mississippi. MCA 93-5-26

So, how do you get it?

  • Ask the other parent.
  • Ask the teacher.
  • Ask the guidance counselor.
  • Ask the principal.
  • Ask the guardian ad litem.
  • Formally request it in writing.
  • Have your lawyer request it.
  • and if all else fails
  • Issue a Subpoena.

Be nice, be professional, but be assertive.

The few exceptions to this are if your parental rights have been terminated and/or the child has been adopted or if there is a Court Order preventing you access.

Matthew Thompson is a Child custody lawyer in Mississippi and encourages you to be involved in your child’s schooling.

Matthew@bowtielawyer.ms (601)850-8000