Category Archives: Visitation

Raising Arizona…in Mississippi.

01/31/2014 BowTieLawyer Leave a comment

Believe it or not Arizona is on the forefront of co-parenting and custody arrangements. The plans and resources available to parent’s do a better job of serving the best interest of the child over some other State’s one-size-fits-all approach to custody and visitation!

The Arizona Supreme Court website has a “Planning for Parenting Time – Arizona’s Guide for Parents Living Apart” which has numerous schedules, options and ideas for parents with children who are no longer living together.

There are schedules that are age-dependent, meaning the custody times are specifically catered to the age and needs of the child, from infant to the teen years. There are schedules for when mom and dad are “high conflict,” suggesting the exchanges be at school or daycare so mom and dad don’t actually see each other. There are schedules for when the parents live great distances from one another and for when they are in the same community. There are more 1) traditional schedules, 2) week-on, week-off, 3) 5-2-2-5, 4) 3-4-4-3, and 5) provisions for a unique and completely custom schedule based on what you need.

If your goal is truly the best interest of the child, take a page from the Arizona parenting guide and consider what is best for your child when determining custody Every other weekend is slowly going by the wayside.

Matthew Thompson is a Child Custody attorney and encourages solutions specific to you and not what your neighbor’s friend’s cousin got.

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@bowtielawyer.ms

Child Custody, Divorce, General Legal, Visitation

Stay “Connected” to Your Kids.

01/22/2014 BowTieLawyer Leave a comment

Hello? How are you? I miss you! I love you!

That’s it. If you do nothing else your kids will know that you are thinking about them, that you love them, miss them and desire a relationship. Too often, in divorce/custody settings, it is easy to fall into the trap of “it’s not my time.” This trap allows days and sometimes weeks go by with little to no communication. Sometimes the other parent contributes to this or directly interferes, but you should attempt to do it anyway.

Call, email, text, FaceTime, Skype, send letters, cards, gift cards, and small gifts or trinkets. It does not have to be expensive, an occasion or ” your time.”

Matthew Thompson is a Family Law & Divorce Attorney in the Hospitality State. Be sure and show your child your hospitality!

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@bowtielawyer.ms

Child Custody, Child Support, Divorce, Visitation

A Parent’s #1 Obligation

01/21/2014 BowTieLawyer Leave a comment

A parent has a moral and legal duty to promote a healthy, affectionate relationship between the child and the other parent!

family-law-changes

What? You justify your conduct by saying, “I am not bad-mouthing him.” But, just not bad-mouthing him is not enough. You have an affirmative duty to promote a good relationship. (with rare exceptions for the health and safety of the child.)

Encourage, promote and truly desire a good relationship between your child and the other parent. Your child will benefit!

Matthew Thompson is a Family Law & Divorce Attorney and reminds you that a child with two parents that get along and are involved is better than the alternative.

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@bowtielawyer.ms

Child Custody, Child Support, General Legal, Modifications, Visitation

Emancipation Proclamation (Having minority status removed from a Child)

08/12/2013 BowTieLawyer 2 Comments

Emancipation is the process of having a child, a person under 21 in Mississippi, “declared” an adult, removing their status as a minor.

Emancipation shall occur upon the child;

Attaining the age of 21 (unless agreed to extend, but not shorten)
Marrying
Joining the military and serving on a full-time basis
Is convicted of a felony and is sentenced to incarceration of two (2) or more years for committing such felony

Other forms of Emancipation include Court-Ordered Emancipation when your child;

Discontinues full-time enrollment in school having attained the age of eighteen (18) years, unless the child is disabled
Voluntarily moves from the home of the custodial parent or guardian, and establishes independent living arrangements, obtains full-time employment and discontinues educational endeavors prior to attaining the age of twenty-one (21)
Cohabits with another person without the approval of the parent obligated to pay support; “cohabits” generally means living together as if husband and wife.

Having a child emancipated ends child support obligations and ends the parents responsibilities for that child. That child is now an adult, as far as the parent’s obligations go.

Emancipation may be sought for a variety of reasons. The parent and child could have a bad relationship, the child may need to enter into a contract or may desire to make a medical decision contrary to the parent’s wishes. Emancipation may be brought on by either parent and/or the child, through a next friend.

Matthew Thompson is a family law attorney in Mississippi and reminds you a minor is a minor in Mississippi until 21, not 18.

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

alienation, Child Custody, Child Support, Crime, Divorce, General Legal, Modifications, Opinion, Visitation

The DIRT!** (24 Dirty Deeds in Family Law)

08/02/2013 BowTieLawyer 1 Comment

One of the unique things about my profession is that I routinely get paid to discuss the embarrassing, wild and sometimes just ignorant things people do.

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The DIRT is/are the things that the other side says you did, even if you did not do them; substance abuse, crimes, non-payment, hateful things…

What cannot be stressed enough is that you have to be honest and forthright with your attorney. If you hold something back and do not disclose the full story it can come back to bite you. Being bitten could mean not getting custody, having to pay attorney’s fees, going to jail or any combination of these.

What are Examples of Dirt you ask?

1) Instances of substance abuse,
2) DUIs,
3) Public Drunks,
4) Child Endangerment charges for DUI with the children present,
5) Arrests for assault,
6) Battery,
7)Crimes of moral turpitude or
8) Violence,
9) Substance abuse, even if not caught,
10) Knowing you would test “hot” or “positive” for an illegal drug or
11) Prescription drug for which you do not have a prescription.
12) And not telling your attorney any of the above is dangerous, even if they don’t ask. Sometimes we don’t know or think to ask if you
13) Are on probation from any crime.
14) Is there a no contact Order against you,
15) Domestic violence charges pending,
16) Active warrants for your arrest,
17) Suspended license.
18) Are you under investigation?
19) Meth lab in the garage,
20) Not to mention having a paramour, an affair,
21) Multiple affairs,
22) Paying for your mistresses’ vacation,
23) Buying the mistresses’ child a car, or
24) Expending large sums of money on frivolous things.

These are just 24 examples of DIRT that I saw…last week. These dirty deeds may be done dirt cheap, but it’s going to cost you to clean it up!

Matthew Thompson is a family law attorney in Mississippi and can only attempt to clean up the DIRT that the client admits.

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@bowtielawyer.ms.

Child Custody, Child Support, Crime, General Legal, Modifications, Visitation

It’s Never What you Think!

07/31/2013 BowTieLawyer 1 Comment

As an attorney that practices exclusively family law I am routinely posed with questions and scenarios of one person doing everything right and the other everything wrong. However, when I start digging and asking the right questions I find that “It’s Never What you Think!”

Recently, I was asked by a friend to speak to friend about her potential case. The potential client had “done everything right,” but the ex and his attorney were “out to destroy her” and would not let up. She was at wit’s end. As I was speaking with her I was asking about custody, visitation and support issues.

Lawyer: “You are current on your support, right?”

Client: “Yeah…” (said with hesitation)

Lawyer: “That did not sound convincing”

Client: “Well, I paid for my kids medical and activities and he has a great job and doesn’t NEED it.”

Lawyer: “His job doesn’t really matter as far as support goes…what were you ordered to pay?

Client: “$475.00 per month.”

Lawyer: “When was the last time you paid $475.00?

Client: “Years.” (said with hesitation)…”He didn’t need the money.”

This was not an instance of having “done everything right.” Why the ex waited years to pursue it is a mystery, but he nonetheless has the right to.

In another instance, a “good father” just wanted reasonable visitation. I asked, as I always do,”What is the dirt on you?”

The DIRT is/are the things that the other side says you did, even if you did not do them; substance abuse, crimes, non-payment, hateful things.

In this instance “the dirt” was long ago, recreational drug use and just some routine fussing and fighting. I said in jest, “Well, so long as you didn’t have a meth lab in the garage…” “Actually, it was.” There’s your dirt.

So to all of you well-meaning helpful friends, you are NOT getting the full story. And to all of you eager attorneys seeking to fight injustice and righting the wrongs of others, get the full story. It’s Never What you Think!

Matthew Thompson is a family law attorney in Mississippi and only believes half of what he sees and even less of what he hears.

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Child Custody, Child Support, Divorce, Grandparent Visitation, Visitation

Put Your Children First.

07/30/2013 BowTieLawyer 1 Comment

Divorcing spouses make it about themselves. How he “threw it all away” or how she “abandoned the marriage.” But, when children are in the equation they need to be First.

I know of too many instances where the children are treated as pawns. One parent uses the other parent’s time or access to the children to get more of what they want or are just difficult for the sake of being difficult. A parent refusing to allow the other parent to see the child for strategic reasons is just wrong.

Okay your husband strayed, does that mean he does not deserve to see the children? Too often the parent that has the child is tempted to play “keep away.” If your wife is a floozy that does not mean the children do not need their mother?

In all instances where there are NOT genuine safety concerns that parent should have access and see the children as much as practical. Period. What’s the best thing you can do for your child?

Put your children first. Make sure the other parent has quality time and access to the children. If dad was not an every other weekend dad before the divorce, who is served by him becoming one after the divorce?

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@bowtielawyer.ms.

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

Paternity; Determining Baby Daddy

07/22/2013 BowTieLawyer 2 Comments

Paternity…Filiation…Who’s Your Daddy, whatever you call it, it’s the process where the Court determines who the biological father is and what his rights and obligations are.

Mississippi Law provides a number of statutes dealing with the Law on Paternity. Miss. Code Ann. 93-9- 1, et seq.

93-9-7 provides that the father of a child born out-of-wedlock is liable to the same extent as the father of a child born of lawful matrimony. The father can be liable for the “reasonable expenses of the mother’s pregnancy and confinement, and for the education, support, maintenance and medical expenses related to the child.” Additionally, a father can be liable for past support and maintenance for a period of one year prior to the filing of the paternity action. The father may also be ordered to pay the mother’s reasonable attorney fees.

Either the mother, the father, or any public authority chargeable by law with the support of the child may bring a paternity suit. This is what allows DHS to pursue these matters. The statute provides that once paternity is established the child shall have the surname of the father.

These actions may be brought in Chancery Court, Circuit Court or County Court, though most often are brought in Chancery.

Any agreements between the mother and father must be approved by the Court to be enforceable. A voluntary acknowledgement of paternity by a father is subject to a one year limit to challenge paternity. After one year, the only way to set aside a paternity Order is to show fraud, duress or material mistake and that you are not the father. Be careful about this. I always recommend a DNA/blood test, even if you “know.” If you are wrong you may still end up on the hook financially.

Also, if you find yourself in a paternity suit be sure to file for a determination of custody and visitation. DHS will not always do this and you could end up with financial obligations and no specific rights to see your child.

Matthew Thompson is a family law attorney in Mississippi and encourages you to hire an attorney if you find yourself in a paternity case.

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@bowtielawyer.ms.