Category Archives: Visitation

Best Parenting Advice? Be a Reasonable Parent…All the Time.

Daily, I am contacted about dilemmas concerning what to do and how to do it regarding parenting?

Can he come to the school program?

What happens if she’s late?

What if…?

The best single piece of parenting advice is;

BE A REASONABLE PARENT ALL THE TIME!

Of course he can go to the school program.  Almost anyone can go to the school program.  It’s a safe bet that if it’s open to anyone he can go, unless there is a valid Court Order stating otherwise.  If she’s running late wait 15 more minutes.  Send a text, or bless-it-be, call.  See why she’s late.  She was late to everything you ever did in 12 plus years of marriage!  Why would it be different now?

What if…? As to “What Ifs?” Ask yourself what would a reasonable parent do.  Read more about the best thing you can do for your child here.

So, invite your ex to the next event for your child.  Go out of your way to be cordial and at least not hostile.  Your child wants them there.  TEll yourself that you are being the “bigger” person, if you have to.  It’s what your children need!

Matthew Thompson is a Family and Child Custody attorney in Mississippi reminding you that acting in your children’s best interests should be your #1 priority!

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

 

 

But, I Cannot Afford an Attorney…Low to No Cost Help is Out There.

Can you afford an attorney?  More often than not, you cannot afford to go without an attorney!

Oftentimes I hear, “I want the best!

We’re going to take this one all the way!

No, I don’t have any money...”

Having no money is a problem, but more often than not it’s more of not being willing to pay the money you do have.  In Family Law, in all but the rarest of incidences you do not have the right to have an attorney appointed to represent you.  This is a common misconception.  In the Criminal arena you do have the right to an attorney.  While Civil issue may be no less important to you the protections afforded to Civil litigants are typically lesser.

So, what do I do?  If you really have no money there are 3 great resources for Civil Litigants.

  • Mississippi Volunteer Lawyers Project.  MVLP handles civil matters, through volunteer attorneys for low income persons in Mississippi. (Primarily Uncontested Divorces, Guardianships and Expungements, etc…)
  • Phone: 601-960-9577      Fax: 601-944-9678     Email: mvlp@mvlp.org           Jackson Office.
  • Mississippi Center for Legal Services.  Legal Services handles civil matters, through in-house and some volunteer attorneys for low income persons in Mississippi in a variety of Civil matters. (Uncontested Divorces, Adoptions, Name Changes, Disability, Consumer, Education Law matters, etc…)
  • Contact the State-wide Intake Hotline at 1-800-498-1804
  • Mission First Legal Aid.  Missions First uses a combo of in-house and volunteer attorneys, but offers a more limited scope of representation. (Family law matters, Government Benefits, Housing,and  Debt,  but they do not handle divorce cases.) Approached from a mission, christian-based model of service.
  • Legal Aid Office, please call 601.608.0056

Matthew Thompson is a Mississippi Family Law attorney and volunteers with all 3 entities above.

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

 

Why a Lawyer Does NOT Call You Back.

It’s just a “…quick question.  Just one question. Does the father of my baby have any rights and will I get in trouble if…”

We all get them. A voice-mail left in the inbox, an email or a comment/question on the website.  The problem is answering just one question could very well be considered rendering legal advice.  Upon that being done, a lawyer’s responsibility can grow exponentially. Huh?

You call and say;

“this is Miranda. I just want to know if Ricky can see my baby and if I’ll get in trouble if I don’t let him.  We went to court some years ago and the judge said he had to pay but that I had custody…”

There is no way to answer the above adequately without more information.

  • What did the Order state?
  • Who has legal custody?
  • Who has physical custody?
  • Does he have visitation?
  • Why are you refusing?
  • Is he dangerous?
  • What was he ordered to pay?
  • Is he in arrears?

Without more information any answer is dangerous and could very likely be wrong.  And once you’ve relied upon it and then sued over it you say, “Well, Lawyer so-and-so told me to do “x.”

That is why lawyers do not call you back when you are not a client. (When you are a client and don’t get a call back is another story entirely, and a blog for another day.)

Matthew Thompson is a family law attorney and sometimes cannot respond to the comments and questions left on this site because of lack of information.  Additionally, if you do not include a means to contact you directly the only way to respond is through a public posting which would require disclosing your information which is generally not appropriate.

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Judge’s Race Just Got Interesting- 11th District Chancery Election is Now Contested

Previously we blogged about “We the People” getting to pick our Judges.  This year is an election year for most Judgeships in Mississippi and only a few were contested.

img_6390Now, the Sub District One Seat for Madison, Leake, Holmes and Yazoo counties is contested. (See the full candidate list here, current as of April 16, 2014.)  This Court hears matters involving wills and estates, support and custody of minor children, divorces and alimony, and lunacy or commitment hearings.  The Judges also handle other matters, such as petitions to incorporate or enlarge a city, the establishment and management of drainage districts, children’s welfare funds, and other projects.

Attorneys Robert Clark, III, of Lexington, and Barbara Ann Bluntson, of Ridgeland, have both qualified to run for the seat currently held by the retiring Judge Janace Harvey-Goree.  The prevailing candidate will serve as Chancellor over all matters filed in Chancery Court in Holmes and Yazoo Counties and approximately 1/4 of the matters filed in Madison County, if past practice holds true.

Attorney Clark has served as a Youth Court Judge and Municipal Court Judge in Lexington/Holmes County and private practitioner.

Attorney Bluntson has served as the City Prosecutor for Jackson, handling criminal matters, violation of city ordinances and matters pertaining to Domestic Violence.

The qualifying deadline is May 9, so stay tuned to see if any other hats are thrown in the ring.  The election will be November 4, 2014.

Matthew Thompson is a Family Law Attorney in Mississippi, practices frequently in the district at issue above, and is very interested in watching this election and learning more about each candidate. Stay tuned!

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

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Go to Your Kid’s Programs.

When can I go to my Child’s school?

Being divorced impacts all aspects of life. A lot of times you can keep certain aspects quiet or private, but when children are involved issues spill over into school.

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Under normal circumstances, regardless of the custody arrangement, you can go to your child’s school programs. It doesn’t have to be “your” time.

About the only times this is not true is if the Court has imposed specific restrictions preventing this or if the event is not open to all parents or you’re otherwise not welcome at the school.

So, if you can go, Go!

Matthew Thompson is a Family Law Attorney and does his best to put Family First.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

 

Little People, Big Divorce?

Well, I guess it was bound to happen.  According to People magazine, thestir.com and a plethora of other online sources the Roloff’s, America’s Little Couple, have separated.
Amy Roloff Matt Roloff
http://thestir.cafemom.com/entertainment/169562/little_people_big_world_stars

The stars of Little People, Big World, which regales America with the Roloff’s somewhat hectic life, dealing with dwarfism, and running a farm in Oregon have announced a trial separation.  The two apparently intend to continue to work together, on the farm and on the TLC program which made them familiar to millions.

In Mississippi, a trial separation just amounts to not living with each other and does not require any Court process, as there is No Legal Separation. In Oregon, Legal Separation is recognized, and while allowing for the marriage to remain intact it provides for the parties to live apart, can divide property, divide debt, determine support, if any and provide for parenting plans.

Despite their many on-air disputes, here’s hoping they can resolve this amicably for the little and not-so little people in their lives, their 3 children.

Matthew Thompson is a Divorce Litigation Attorney in Mississippi and can handle your matter whether it’s big or little.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm  You may also contact Matthew with your family law case or question at (601) 850-8000 or Matthew@bowtielawyer.ms

It’s Soccer Saturday!

Spring is right around the corner and soccer season is in full swing. We have a double header today and will spend most of our day outside at the soccer field.

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I sponsor and coach an Under 6 girls soccer team. There are 2 critical issues when coaching 5 & 6 year old soccer. 1) Jersey Color. Our team got Pink so our season was a victory without playing a game! And, 2) Snacks! The secret to a successful soccer season is having great snacks!

Matthew Thompson is a Family Law Attorney in the Magnolia State and he knows snacks!!

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm

You may also contact Matthew with your family law case or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Common Divorce Vocabulary- 8 Terms to Know

Lawyers have their own language. It’s a mishmash of legal jargon, Latin phrases, arcane vocabulary words and .50 cent words to make us sound smart.  Here are just a few of the common terms.

Final Judgment of Divorce, or Final Judgment or Decree of Divorce or Final Order of Divorce.

This is the technical divorce.  This is the document that once signed by the Judge and filed by the clerk means you are divorced.  Every single case will have this document.

Property Settlement Agreement, PSA, Marital Dissolution Agreement, MDA, Final Separation Agreement, etc.

These are your “divorce papers.”  This recounts your rights, obligations, and the terms of your divorce. If your divorce ended via an Agreement you will have one of these.

Opinion of the Court.

These are your “divorce papers” if the Judge decided your case.  If you did not agree, but went to Court and the Judge ruled you will have, most likely an Opinion and Final Judgment.

Qualified Domestic Relations Order

This is how divisible retirement accounts are divided and apportioned to each party without tax consequences.  Commonly referred to as a QDRO (pronounced quah-drow) .  Depending on what you do with the funds after the QDRO transfer ultimately determines if there are taxes, what amount and penalties, if any.

No Fault Divorce.

It’s not technically “No Fault” in Mississippi, but rather Irreconcilable Differences or (ID).  This requires the parties to agree to the divorce and all the terms, which include custody, support, alimony and division of the property both real and personal.  This would be detailed in the Property Settlement Agreement.

Fault Divorce.

A divorce granted on fault grounds; adultery, cruelty, drunkenness, drug use, etc.

Real Property.

The house(s) and land.

Personal Property.

The stuff; cars, couches, TVs and spoons.

Child Custody

A determination of both legal and physical child custody.  Sometimes referred to as primary or joint or sole or paramount.  Each possibly meaning something different and then Visitation thrown in for good measure.

Matthew Thompson is a Mississippi based Family Law Attorney and Adjunct Professor of Domestic Relations.  Knowledge is Power, the more you know…

Follow the blog: #BowTieLawyer 

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