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.
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.
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.
“But, he can’t travel out of state with my children without my permission…”
In Child Custody matters a parent can travel with their child during their time. And, NO, usually you do not need the other parent’s “permission.”
This is true whether you are the primary custodian or the visitation exerciser, there is no real, legal limitation on your ability to travel with your child.
You can run up to Gatlinburg, TN and see the Smokies, or you can head to New Orleans, LA to spend time in the Big Easy. You can hop down to Orange Beach, AL or Destin, FL for some fun-in-the-sun and there is not much the other parent can do about it…
Unless, there is a prohibition against such travel. Those prohibitions come in two forms, most commonly by agreement. This means the parties expressly agreed that their rights to travel with the children would be infringed. So, permission does have to be provided or the travel is limited to a geographic area or by travel time limits. Secondly, and less common, travel may be restricted by the Court. This is in the rare occasion where a parent makes a credible threat of leaving with the child or has done so in the past. If the Court Orders it, it must be abided by or there could be sever consequences.
The same holds true for international travel, though there are additional requirements, usually, beyond the Court. For instance, international travel would require a birth certificate or (passport which usually requires both parent’s consent.) Likewise, U.S. Customs recommends a child travelling with only one parent to have a written authorization for such. There may also be reasons to restrict travel based upon the destination and how that Country would treat a U.S. Custody Order.
Now, what is required is keeping the other parent reasonably informed. That includes travel, a means to communicate and it could also require more specific information, such as an itinerary, contact numbers for destinations, where you are staying and who else may be traveling. It all depends on your custody language in your Order.
So, can he travel? Yes. Do you have the right to know about it? Yes.
Matthew Thompson is a child custody lawyer in Mississippi and reminds you to be a reasonable parent and get out there and see the world. http://www.BowTieLawyer.MS (601)850-8000
Below is a short clip from my most recent appearance on Law Call with Rocky Wilkins of Morgan & Morgan. The caller wanted to know about recovering unpaid child support and her facts allowed for a few more opportunities to educate the public on Mississippi Law.
Matthew Thompson is a Child Custody and Child Support Lawyer in Mississippi and reminds you that in Family Law, you can never go wrong if you do what is Right!
This edition, in addition to bedrock family law principles, includes statutory and case law updates regarding jurisdiction, alimony, equitable division, business valuation, contempt, attorney fees, visitation, custody and de facto marriage concerns. It also includes updated, revised and new forms.
Matthew Thompson is a Family Law practitioner in Mississippi and has been the author of Mississippi Divorce, Alimony and Child Custody with Forms, since taking the reigns from his now retired Law School professor, the venerable Shelton Hand.
With back-to-school comes the end of the summer schedule, loose routines and late bed times. Along with the return to school comes “Meet the teacher,” “Back-to-School Night,” & “Meet the (insert mascot of your school here).”
Regardless of your “Custody” arrangement, both parents are free to attend any and all events. It matters not whose “time” it is. I routinely advise clients that if our children attended school or events together, if I can go, you can go.
Additionally, Mississippi law specifically provides that a parent, even a non-custodial parent, shall have “access to records and information pertaining to a minor child, including but not limited to medical, dental and school records, [and] shall not be denied to a parent because the parent is not the child’s custodial parent if such parent’s parental rights have not been terminated by adoption or by a termination of parental rights proceeding.” MCA 93-5-26
So, parents, go to these events for your child. Meet their teacher, meet the other parents, their classmates and school administrators. Stay plugged in. It will benefit your child.
Matthew Thompson is a Child Custody attorney in Mississippi and encourages you to be an engaged parent.
For divorced parents, or parents operating under a custody order, summertime is a change in the standard schedule. The summer is full of activities that start and stop at different times. There are camps and visits to grandma’s house. There are trips out-of-town, out-of-state and last-minute opportunities that could be amazing. Be a reasonable parent.
Think about putting the children’s needs ahead of your own. Think about encouraging a good, healthy relationship between the children and the other parent. Think about “what is the right thing to do?,” as opposed to “how can I get the other parent?” By the way, if you do not know what the “right thing” is, you are part of the problem.
Matthew Thompson is a family law attorney in Mississippi and wishes we all could just get along. He also recommends you be a reasonable parent year-round, not just in the summertime.
(601) 850-8000 - - BowTieLawyer.MS 
