Category Archives: Visitation

What’s all the hoopla about with Youth Court, CPS & Law Enforcement, of late?

There have been numerous stories about State and Federal lawsuits, sheriffs’ concerned about children and the role of Child Protection Services in Mississippi.

The shortest version is as follows (these are my personal words/opinion…)

All of Youth Court is confidential, by law. An Order is required in many instances for details to be disclosed to others involved and almost all disclosures were subject to a specific statute, MCA 43-21-261. (There are a few exceptions for emergencies, mandatory reporting and the like). However, most disclosures had to either be ordered or allowed, by the language of 261.

On July 1, 2026, MCA 43-21-261 was repealed. That means it no longer existed and, legally, as if it never did. This repeal was passed by the legislature over 2 years ago with a deadline of July 1 of this year. The legislature intended to address it in a later session and attempted to this session with 11 different proposals addressing Youth Court, but all died without any new provisions being passed.

The problem was that it left Youth Court Judges, CPS, and other entities without a means to legally disclose the information it had about children, with a few exceptions for mandatory reports.

The Office of the State Public Defender sought to have this matter addressed in Federal Court and brought in the Administrative Office of the Courts. But, all the essential players were not named in the Federal action…

Youth Court Judges sought to fix it by ordering blanket/standing Orders providing for some disclosures, but every Order was different. They did not cut and paste 261, instead picking out the parts that particular Youth Court wanted and deleting parts they did not want. This, essentially, had the Youth Court judges legislating what the law is…

CPS sought relief of the Mississippi Supreme Court, knowing it would be impossible to comply with 82 different Orders from 82 counties, and that it needed legal means to disclose its findings to help protect children.

Don’t fret, however. The problems has been fixed, first by an Order of the MS Supreme Court amending the Rules of Youth Court procedure and later by an extraordinary session of the Mississippi Legislature.

Was it messy? Yes. Scary/stressful? Very. Over? Yes, for now, but not forever. The new law repeals in 2029….

However, the system is working in the means it was supposed to with an Executive branch (CPS) doing its part, the Judicial branch (MS Supreme Court) doing its part and the Legislative branch (MS Legislature) addressing all of these concerns.

SENATE BILL NO. 2001

AN ACT TO ENACT THE MISSISSIPPI YOUTH COURT REFORM ACT OF 2026 (you can read the new law(s) here.)

Matthew Thompson is Child Welfare attorney in Mississippi and supported Youth Court reform.

Mississippi’s Age of an Adult = 21, NOT 18

At 18 you can vote; Join the military without parental consent and buy a rifle or shotgun…but you are not an Adult for Mississippi law purposes.

MS Code § 1-3-21 (2025), defines [t]he term “infant,” when used in any statute, shall include any person, male or female, under twenty-one years of age.

Recent legislation died in committee trying to bring Mississippi in-line with every other state. Most states consider a child an adult when they attain the age of 18 or 19 if still attending high school.

In Mississippi, that age is 21. That means child support is until 21.

There are some exceptions where a child can lose that status by joining the military, getting married, going to prison, or moving from home and working full-time. This is called emancipation.

So, Mississippi is unique for reasons that may not make us so special…

Matthew Thompson is a family law and child welfare attorney and has supported common sense changes in Mississippi family law and is still holding out hope that some may come to fruition…one day.

Bridgett Clayton for Hinds County Chancellor

Hinds County Attorney, Bridgett Clayton, has qualified to run for Hinds County Chancery Judge!

“After much prayer and consideration, I am honored and excited to announce that I qualified for Hinds County Chancery Court Judge, District 5-3, on today.”

“I am ready to serve the citizens of Hinds County with God serving as a Lamp unto my feet and the Light unto my path as I seek election for this judicial seat to do justly, love mercy, and walk humbly before my God. Micah 6:8”

I am requesting your prayers and support during the campaign as well as on Election Day which is November 3.

Please be on the lookout for future campaign information. Thank You!

Matthew Thompson is a Chancery practitioner and knows-well the power, authority and responsibility that Chancellor’s have and the knowledge and wisdom they should possess. Attorney Bridgett Clayton has all of those qualities and then-some!

Please support Bridgett Clayton for Hinds County Chancellor!

You have the right…to fight…to PARENT your Child!

Apologies to the Beastie Boys, but as a PARENT you have RIGHTS!

beastie-boys1
http://publicsf.com/events/fight-for-your-right-a-beastie-boys-tribute-night-feat-felonious-jazz-mafia-dj-cyclofunk-with-videos-from-spike-jonze-tamra-davis-adam-mca-yauch-11697

Mississippi Law provides that you are entitled to your minor child’s records regardless of your Custody papers. This is regardless of the LEGAL CUSTODY and regardless of the PHYSICAL CUSTODY ORDER.

REGARDLESS of CUSTODY!

Miss. Code Ann., Sec. 93-5-26, guaranties non-custodial parent’s right to access to records and information pertaining to their minor child(ren).

“Notwithstanding any other provisions of law…access to records…pertaining to a minor child, including but not limited to medical, dental and school records, shall not be denied to a parent because the parent is not the child’s custodial parent if such parent’s rights have not been terminated by adoption or by termination of parental rights proceeding.” Id.

As a parent you have the right to this information by law.  You can request medical records regarding your child’s health and appointments. You can get their school records, progress reports and grades. You are entitled to schedules, calendars and to know the events coming up.

Armed with this Statute and a smile, schools and doctor’s offices have no right to refuse you this information. But ask nicely. They are potential witnesses in the future!!

Print YOUR Copy of the Law Here!   Miss. Code Ann., Sec. 93-5-26

Matthew Thompson is a Child Custody Litigation & Child Welfare Attorney in Mississippi and wants parents to know their rights and fight for their right to…Parent!

**DO NOT PHYSICALLY FIGHT**

Joint Custody Bill- DOA – Dead on Arrival

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.

UPDATE- FAILED. Joint Custody – Now & Forever!

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.

Birds Nest Custody.

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.

Foster Parent Bill of Rights – 5th installment

Taking the 5th, but not like in the Constitution…#5 in a series on Mississippi’s Foster Parent’s Bill of Rights.

(p) Support from the family protection worker or the family protection specialist in efforts to do a better day-to-day job in caring for the child and in working to achieve the agency’s objectives for the child and the birth family through provision of:

Read this as help, info and cooperation from the social worker/investigator.

(i) A copy of the “Foster Child Information Form”  and all other pertinent information about the child and the birth family, including medical, dental, behavioral health history, psychological information, educational status, cultural and family background, and other issues relevant to the child which are known to the department at the time the child is placed in foster care prior to the child’s placement with a foster parent or parents. The department shall make reasonable efforts to gather and provide all additional current medical, dental, behavioral, educational and psychological information reasonably available from the child’s service providers within fifteen (15) days of placement. When the department learns of such information after fifteen (15) days of placement, the department shall communicate such information to the foster parent as soon as practicable;

This is the Right to be informed about your foster child; the good, the bad and the important.

(ii) An explanation of the plan for placement of the child in the foster parent’s home and the ongoing and timely communication of any necessary information which is relevant to the care of the child, including any changes in the case plan;

This includes the right to know what the permanent plan and concurrent plan for custody/placement are. You have the right to timely updates about any changes in this plan. Interestingly, one placement ends the foster parent does not have the right to know where the child is.

(iii) Help in using appropriate resources to meet the child’s needs, including counseling or other services for victims of commercial sexual exploitation or human trafficking;

Counseling services will be made available if deemed necessary. While you will be privy to confidential information regarding this, you must maintain that confidentiality.

(iv) Direct interviews between the family protection worker or specialist and the child, previously  discussed and understood by the foster parents;

You can learn about the info exchanged in in-person interviews between the child and the agency.

(v) Information regarding whether the child experienced commercial sexual exploitation or human trafficking;

You will be provided information if applicable, but also asked to hold this in strict confidence.

(vi) Information related to the Healthy, Hunger-Free Kids Act of 2010. Foster parents shall protect the confidentiality of the child by working directly with a designated school official to complete the application for free lunches.

The Healthy, Hunger-Free Kids Act of 2010 authorized funding for federal school meal and child nutrition programs and increased access to healthy food for low-income children. The bill that reauthorized these programs is often referred to by shorthand as the child nutrition reauthorization bill.

Matthew Thompson and Chad King are child welfare attorneys in the State of Mississippi. They have represented natural parents, foster parents, grandparents, other relatives, fictive kin, children and the Agency (CPS) throughout their decades of practice. (NOT all at the same time).