Let’s agree to disagree.
Parties in a lawsuit have a lot of latitude to agree to settlement terms. This is certainly true in divorce. Virtually everything is negotiable and if an agreement can be reached, usually it will be approved by the Court.
However, to be an enforceable agreement it must be approved by the Court. Until such time as your agreement is reduced to writing, signed and approved by the Court, it is on iffy ground as to enforceability issues. While some issues may be contracted without Court approval in a family law case, such as property division and alimony, some issues can not be enforced absent Court approval, such as child custody related terms.
Likewise, “changing” your Court papers without Court approval is dicey. Swapping out a holiday here or a week there is not usually a big deal, but changing payment terms, amounts, or duration can lead to serious consequences if done without Court approval. Child support vests as it comes due and absent exigent circumstances cannot be forgiven.
An agreement to agree is no agreement at all.
Matthew Thompson is a Divorce Attorney and reminds you to have your Agreement approved by the Court in an Order.
The State of Mississippi is divided into twenty Chancery Court districts. The Fourteenth Chancery Court District includes Chickasaw, Clay, Lowndes, Noxubee, Oktibbeha and Webster Counties.
There are three chancellors for the 14th district and all of them are retiring. Today’s post is about the Honorable Kenneth Burns‘ position. Judge Burns, first elected in 2003, has set a high standard for the future Judge to follow in his robe, er…footsteps.
So far, five candidates have qualified, guaranteeing a runoff.
This candidate has been practicing law since 1993, the majority of which has been devoted to the area of chancery law. Her office is in Houston, MS.
“In my personal life, I have been faced with divorce and now the death of someone I love dearly. I know my personal experiences will equip me to empathize with those individuals before the court.“
The voting area will encompass Chickasaw and Webster counties and the precincts of South Adaton, South Longview, South Starkville, West Starkville, Sturgis/North Bradley, Self Creek:Double Springs, Center Gove/ North and Craig Springs/ South of Oktibbeha County.
Barton, practicing for over 40 years, is from Okolona, MS. He has a general practice and approximately half of which is family law related.
Practicing since 2007, Bennett handles domestic and real estate cases in Houston, MS and the surrounding area. These are matters heard in Chancery Court.
“On January 5th, I qualified with the MS Secretary of State’s office to be a candidate for Chancery Judge 14th District, Place 1… Since my practice started in 2007, I have almost exclusively practiced in the areas covered by the Chancery Court… I only ask three things of those who read this. First, pray for me as I embark on this new adventure, no matter the results. Second, please share this post with your family and friends, especially those that will vote for Place 1. Third, please consider voting on November 6th for me to be your next Chancery Judge 14th District, Place 1.“
“Faver is a partner in the law firm of Ward, Rogers & Faver, PLLC located in… Starkville, Mississippi. His firm provides a broad range of services to clients… with a special emphasis in Litigation, Criminal Defense, Personal Injury and Divorce cases.
Rodney P. Faver has over 27 years of trial experience in both Mississippi and Florida. Mr. Faver has dedicated his diverse legal career to the pursuit of justice for the people he represents, and is dedicated to the highest standards of excellence and integrity.“
“Turner devotes most of her practice to family law and other chancery court matters at The Winfield Law Firm, P.A., in Starkville, MS. Since 2009 she has been appointed as a Special Master for commitments and Youth Court Referee for Oktibbeha County, served on dozens of cases as a Guardian Ad Litem to protect children’s interests in Chancery Court matters, is the Starkville School District’s Student Disciplinary Hearing Officer, and serves on the Board of Directors for Safe Haven, a domestic violence shelter located in Columbus. Lee Ann is frequently asked to speak at continuing legal education seminars (CLE’s) and most recently gave a presentation on ethics at the Mississippi Judicial College’s Youth Court Judges’ Fall 2017 training seminar. Lee Ann was also selected as one of Mississippi’s 50 Leading Business Women for the class of 2009 by the Mississippi Business Journal.“
J.D. in 1996 from the University of Alabama School of Law, Editor-in-Chief of the Law and Psychology Review, a member of the Bench and Bar Legal Honor Society, Phi Delta Phi, and Managing Editor of the Law School newspaper.
“Before entering private practice in 2003, Lee Ann spent nearly 6 years as the Staff Attorney for the 14th District Chancery Court of the State of Mississippi, working for Chancellors Dorothy W. Colom, Kenneth M. Burns, Robert L. Lancaster, James S. Gore, and Woodrow W. Brand.“
The Candidate bios are piecemealed together by me. Information regarding the candidates was not always easily ascertainable. I provided links to their FaceBook pages, personal firm pages or the source of the information quoted above.
Matthew Thompson is a Chancery Court practitioner and will continue to update the Chancery judge races throughout this campaign season.
Do NOT refuse extra time with your child.
Both parents say they want physical custody. Both parents say they are the superior parent as compared to the other. One parent is awarded physical custody by the Court. The other parent then refuses EXTRA time, because it would “help” the other parent.
You are wrong. It helps your child. It gives you more opportunity to parent and be with your child. It improves your relationship, creates memories and helps you in the process.
Refusing EXTRA time is petty and can result in resentment between the parents and it makes no sense.
Matthew Thompson is a Child Custody Attorney and reminds parents to always take the extra time.
It is the season of qualifying for Judicial candidates.
From now through May, persons qualified to run, may throw their hat in the ring to become your next family law judge. The requirements are fairly basic for Chancellor; be at least 26 years of age, a practicing attorney for five years, and a citizen of the state for five years. Miss. Const. of 1890, Art. 6, §§153 and 154; Miss. Code Ann. §9-5-1, and pay a fee of $100 to the Secretary of State’s Office.
Below is the current listing and the geographical area that the Judges are in. There will be many more persons qualifying in the coming weeks.
District 1: Alcorn, Itawamba, Monroe, Pontotoc, Prentiss, Lee, Tishomingo, Union
Stephen T. Bailey Chancery Court Judge 1, 4 *(The first number is the District, the second is the place.)
Bailey was recently appointed after the resignation of T.K. Moffett. Bailey was a solid choice for the appointment and will likely win even if opposed.
Jacqueline Mask Chancery Court Judge 1, 3
Current Chancellor.
Judge John Hatcher just announced his retirement which will mean another spot is available in this District.
District 4: Amite, Franklin, Pike, Walthall
Debbra K. Halford Chancery Court Judge 4, 1
Current Chancellor.
Wayne Smith Chancery Court Judge 4, 2
Current Chancellor.
District 5: Hinds County
Dewayne Thomas Chancery Court Judge 5, 1
Current Chancellor. Judge Thomas will have this position for as long as he wants it.
Hinds County will be very interesting to watch as the three other current Chancellors, Owens, Singletary, and Wise, have all considered retirement.
District 6: Attala, Carroll, Choctaw, Kemper, Neshoba, Winston
Joseph Kilgore Chancery Court Judge 6, 1
Current Chancellor.
Rosalind H. Jordan Chancery Court Judge 6, 2
District 7: Bolivar, Coahoma, Leflore, Quitman, Tallahatchie, Tunica
Catherine Farris-Carter Chancery Court Judge 7, 1
Current Chancellor.
District 9: Humphreys, Issaquena, Sharkey, Sunflower, Warren, Washington
Jane R. Weathersby Chancery Court Judge 9, 2
Current Chancellor.
Vicki Roach Barnes Chancery Court Judge 9, 3
Current Chancellor.
District 10: Forrest, Lamar, Marion, Pearl River, Perry
Rhea Sheldon Chancery Court Judge 10, 2
Current Chancellor.
Vanessa Jones Chancery Court Judge 10, 3
This is a race to watch. Judge Williams, I believe, is retiring, and this a large area with lots of attorneys and will be interesting to see who qualifies.
District 11: Holmes, Leake, Madison, Yazoo
Cynthia Lee Brewer Chancery Court Judge 11, 2
Current Chancellor.
James C. Walker Chancery Court Judge 11, 3
Current Chancellor.
I do not expect challengers to either sitting Judge, but it could happen.
District 12: Clarke, Lauderdale
Frances Smith Stephenson Chancery Court Judge 12, 1
Charles E. “Charlie” Smith Chancery Court Judge 12, 1
This is another race to watch. Long serving Judge Mason is retiring and there are multiple quality candidates for this position.
District 13: Covington, Jefferson Davis, Lawrence, Simpson, Smith
Gerald M. Martin Chancery Court Judge 13, 2
Current Chancellor.
District 14: Chickasaw, Clay, Lowndes, Noxubee, Oktibbeha, Webster
Gene Barton Chancery Court Judge 14, 1
Lee Ann Turner Chancery Court Judge 14, 1
Paula Drungole-Ellis Chancery Court Judge 14, 3
Roy A. Perkins Chancery Court Judge 14, 3
The judicial race for Starkville, Columbus, Westpoint, etc. will be fun to watch. All three current chancellors, Colom, Burns and Davidson, are retiring. This means there will be three new family law judges for this district. I expect a lot of candidates and several of the more talked about names have not yet qualified.
District 15: Copiah, Lincoln
Joseph Durr Chancery Court Judge 15
Judge Ed Patten is retiring.
District 16: George, Greene, Jackson- MS Coast (eastern half)
D. Neil Harris, Sr. Chancery Court Judge 16, 1
Current Chancellor.
Gary L. Roberts Chancery Court Judge 16, 2
David M. Allen Chancery Court Judge 16, 3
David C. Frazier Chancery Court Judge 16, 3
Mark A. Maples Chancery Court Judge 16, 3
District 18: Benton, Calhoun, Lafayette, Marshall, Tippah
Lawrence L. “Larry” Little Chancery Court Judge 18,1
Bob Whitwell Chancery Court Judge 18, 2
Current Chancellor.
District 20: Rankin County
John C. McLauren, Jr. Chancery Court Judge 20, 1
Current Chancellor.
Mel Coxwell Chancery Court Judge 20, 2
Troy F. Odom Chancery Court Judge 20, 2
Place 2 is a race to watch. Judicial stalwart John Grant is retiring and I expect 3-5 candidates for this position. It will also be a close race as those qualified, and expected to be, are all great candidates.
Haydn J. Roberts Chancery Court Judge 20, 3
Current Chancellor.
Matthew Thompson is a Family Law Attorney in Mississippi and has practiced in most Chancery Court districts in the State.
Today’s post is about “math.” It’s not really, but it is about an option that may be available in your divorce case.
Bifurcating your case is dividing the divorce case from the custody/property/financial aspects of your case. It is not often done, but can be a useful tool when a party does not have grounds and the other party does not want the divorce, or when a party does have grounds and the other issues (custody/property/financial ) will take a considerable amount of time to be decided.
The basic process is requesting the Court to divide the case via motion, first making a determination if grounds exist and thereafter deciding the remaining issues if the Court awards a divorce.
While not right in every case, it can be a significant option in protracted litigation or could preempt unnecessary litigation.
Matthew Thompson is a Divorce & Child Custody attorney in Mississippi and reminds you that bifurcation may can add to your case by subtracting issues before the Court.
There are 2 types of custody in Mississippi Chancery Courts.
Legal custody, most commonly awarded as “Joint Legal Custody,” requires that each parent keep the other parent reasonably informed of the child’s goings on. This includes not only health, education, and general welfare, but also school and activity schedules, medical appointments and any major matter regarding the child’s life
It requires that parents communicate and cooperate when it comes to making decision about the well-being of the child. It certainly includes informing the other parent if a move is anticipated.
Legal custody includes sharing the status of the child’s well-being and location in emergency situations.
If there is going to be a fight in a custody case it will be over Physical Custody.
2.) Physical Custody is different than Legal custody. Physical custody concerns which parent has actual, physical possession of the child.
Within Physical custody there are officially only 2 types;
1) Joint Physical custody which by statute means each parent spends a significant portion of time with the child (though it does not have to be 50/50); and much more common is the second type
2) (Sole) Physical custody to one parent, subject to the other parent’s visitation. This is far more common in Mississippi. A lot of your Agreements may have the term “primary” in the physical custody language and some Judges even insist that it be specified, but “primary” has no statutory significance, meaning it is not a term that carries legal meaning. Lawyers, including myself, still use the term however.
If the parents cannot agree on Custody the Court will conduct what is known as an “Albright Analysis.” Albright v. Albright, 437 So. 2d 1003 (Miss. 1983), is a Mississippi case from the early 1980’s that lists 13 factors that the Court must consider when making an initial custody determination. The specific facts of your case are considered as they relate to each factor and the Court makes a determination as to which factor favors which parent. The Court also determines how to weigh each factor. For instance, the sex of the child while considered, will likely not count as much as the continuity of care for the child. The paramount consideration is “the best interests of the child.”
A court determines that by looking at the following factors:
1. Age of the child.
2. Health of the child.
3. Sex of the child.
4. Continuity of care prior to the separation.
5. Which parent has the better parenting skills and the willingness and capacity to provide primary child care.
6. The employment of the parent and the responsibilities of that employment.
7. Physical and mental health and age of the parents.
8. Emotional ties of parent and child.
9. Moral fitness of the parents.
10. The home, community and school record of the child.
11. The preference of the child at the age sufficient to express a preference by law. (Must be at least 12, and it’s ONLY a preference)
12. Stability of home environment and employment of each parent.
13. Other factors relevant to the parent-child relationship.
For additional information please click Dads Have Rights Too!
**Note, marital fault should not be used as a sanction in custody awards. Relative financial situations should not control since the duty to support is independent of the right to custody. Differences in religion, personal values and lifestyles should not be the sole basis for custody decisions.
Matthew Thompson is a Child Custody attorney in Mississippi and will fight for your custody and visitation rights.
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