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.
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.
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.
(601) 850-8000 - - BowTieLawyer.MS 
