Category Archives: Visitation

alienation, Child Custody, Child Support, Divorce, Grandparent Visitation, Modifications, Opinion, Visitation

Are YOU a Terrible Parent?

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Food, shelter and clothing are necessities and while providing them is the minimum, doing so alone does not make you a great parent.

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  • Do you encourage a relationship between the child and the other parent?
    • Just NOT badmouthing them does not make you a great parent. You should encourage and promote a good relationship.  Oh, and it’s required when parties have joint legal custody.
  • Do you withhold financial support from your child?
    • Money isn’t everything, but there is no excuse for not supporting your child.
  • Do you degrade the other parent to your child?
    • “I don’t lie to my child!” 1) Yes, you do. Everyday, to protect them. 2) Telling them how big a scoundrel the other parent is hurts the child. Half of their identity is from that scoundrel!
  • Do you prevent your child from seeing the other parent or interfere with the visitation?
    • Out of sight is NOT out of mind. Absence can make the heart grow fonder…

Matthew Thompson is a Child Custody Lawyer in Mississippi and reminds you to not be a terrible parent.

Follow the blog: BowTieLawyer 

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

Child Custody, Visitation

Attorney Kelly Williams certified as a Child Welfare Law Specialist .

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Kelly G. Williams is the first attorney in the state of Mississippi to be certified as a Child Welfare Law Specialist by the National Association of Counsel for Children (NACC).

7726k williams-2.jpgThis certification requires an applicant to pass a rigorous examination. The NACC Certification Program is the only program approved and accredited by the American Bar Association to certify attorneys as Child Welfare Law Specialists. Millions of children are the subjects of judicial proceedings each year as victims of abuse and neglect; juvenile offenders; subjects of custody, visitation and adoption proceedings; and as participants in civil damages litigation. NACC recognizes that the adversarial system works best when all interested parties are competently represented and one the goals of the NACC is to improve the lives of children and families through competent representation to ensure that judicial proceedings produce justice. (naccchildlaw.org)

Kelly may be reached at 601-982-1111 or kelly@coughlinwilliamslaw.com http://www.coughlinwilliamslaw.com.

Matthew Thompson is a family law attorney in Mississippi. 

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

Child Custody, Child Support, Divorce, General Legal, Marriage, Modifications, Opinion, Visitation

#1 Rule for Witnesses

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Show up.

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If you have Court and your testimony matters, show up. If the issues before the Court impact you in a “bigly” manner, show up. Rarely is a good outcome achieved in your absence, and no amount of explanation will be sufficient if you weren’t there to witness it for yourself.

When you do show up, tell the truth.

Matthew Thompson is a Family Law Attorney in Mississippi and reminds you that 99% of the time that good results are earned, it is, in part, due to the fact that you showed up.

(601) 850-8000  www.BowTielawyer.MS   Matthew@bowtielawyer.ms

Child Custody, Divorce, Visitation

Happy Halloween!

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Boo!

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It’s Halloween.  A day of costumes, candy and having fun. Often, Halloween is not addressed in the divorced parent’s papers. It is after all, not a “real” holiday. However, I usually include Halloween in custody schedules.

While not a real holiday, it is nonetheless an important day in your child’s life. From picking out the costume to sneaking a Reese’s, memories are certainly made and then cherished.

Have a safe and happy Halloween!

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, Modifications, Opinion, Visitation

Don’t Ask This Question.

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There is a lawyer cliché to never ask a question that you do not know the answer to.

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Asking that question may get you a self-serving answer that you did not anticipate.It may open Pandora’s box of bad evidence and a tidal wave of otherwise inadmissible evidence. All because you asked a question you should not have asked.

In a custody case, the opposing counsel called the child to testify. This was a dispute between mom and dad and the other attorney wanted the child to testify about what she wanted, specifically where and with whom she wanted to live. However, opposing counsel did NOT know what the child was going to say, but instead assumed it would be favorable to his client. After the routine introductory questions, the child was specifically asked,”If you had a magic wand and you could wave it and live wherever you wanted, where would that be?” After a few seconds of silence the child responded, “ A castle!” Fatal to the case? No. But not the answer the lawyer was looking for and it further helped prove positions that we had taken throughout the case regarding the child’s emotional maturity, an issue we believed worked in our favor.

Of course, sometimes it’s a critical issue and you have to ask the question. Tread carefully.

Another question not ask; When are you due?

Matthew Thompon is a Child Custody attoreny in Mississippi and tries not to ask questions that he does not know the answer to.

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, Modifications, Visitation

Hearsay, Hearsay, Read All About It.

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Hearsay is any out of Court statement that is used to prove the truth of the matter asserted.
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Hearsay is basically ANYTHING that is said outside of the Courtroom by ANYBODY.  It also includes writings, documents and many other things.

Most commonly hearsay occurs during witness testimony. Mom is testifying about how scared Beverly was when dad left her with the new and strange babysitter. However, mom did not see nor meet the babysitter. She didn’t even know she existed. Mom was trying to say that Beverly said the babysitter said “….”

Attorney: OBJECTION, HEARSAY.

Judge: SUSTAINED. DON”T TELL ME WHAT THE CHILD SAID OR WHAT THE BABYSITTER SAID.

The babysitter has to come testify or mom has to describe Beverly after dad’s weekend.

Mom:  She came home distressed and sullen. Her eyes were red, as if she’d been crying.

Beverly told her what happened, so she called dad. Now mom can say what dad said because he and she are the parties to the case, an exception to the hearsay rule.

Your attorney should practice your testimony and how to deal with hearsay.  You may always describe what you personally observed, what you did and what you said, and this is the way to possibly get around hearsay and/or having other witnesses involved testify.

Matthew Thompson is a family law attorney and encourages you to practice your testimony and telling your story without saying what somebody told you.

Follow the blog: BowTieLawyer 

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, Modifications, Visitation

Changing Custody vs. Visitation

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Modification is the process that is used to change a Court Order.  I previously discussed how NOT to modify your papers here.

Here are the basics for the right way to modify the Court Order.  Child Custody, Visitation and Child Support are always modifiable. However, each has a separate standard.  Each require that you prove something different.

I.  Child Custody is the most difficult to modify. The non-custodial parent, must demonstrate 1) a material change in circumstances,  2) adverse to the child, 3) in the home of the custodial parent.  In English, dad has to show that there has been a big change, harmful to the child and it was mom’s fault.  It does not matter how much better dad is doing.  It does not matter that he has a new job, making good money, and has remarried Mary Poppins.  The Standard concerns what is going on in mom’s house.

A material change could be bad grades, serious behavior problems, serious problems with mom or serious problem with mom’s new beau. Now, once you show the bad change, harmful to the child, and it’s mom’s fault, dad wins, right? No. That provides the Court the authority to go back through the Albright factors for the Court to determine which parent is in the best interest of the child.

II.   Visitation has a lower standard to modify.  In order to modify visitation all one needs to do is demonstrate that the current schedule is not working.  This can be shown by showing that a party moved over several hours away making every other weekend unworkable or by showing that due to the child’s schedule, or a parent’s work schedule the visitation plan is not working.  This one is easier to pursue, but the outcome is not always predictable, so have a plan for what schedule will work if you are seeking to change it because of distance or a work schedule issue.

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Matthew Thompson is a Mississippi Child Custody Attorney and reminds you to follow your papers.

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, Visitation

Be BETTER than a GOOD parent.

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Everyday I hear about issues concerning what to do and how to do it regarding child and parenting matters?

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 I can go, he can go. (Unless there is a Court Order stating otherwise.) If she’s running 15 minutes late, wait 15 more minutes.  Send a text or call. Ask 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