Category Archives: Visitation

Child Custody, Child Support, Divorce, General Legal, Irreconcilable differences, Marriage, Opinion, Property Division, Visitation

New Judges are Coming… 11th, 20th, & 4th Districts; The Scoop on the Candidates.

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Family Law is not necessarily full of exciting news. Sure, we have juicy stories of debauchery, but that has occurred since man became upright…

Illustration by Barbara Kelley 

But, getting 3 new Judge positions is exciting!

Governor Bryant signed into law a bill that creates 3 new judges to hear divorce, custody, child support, paternity, will, estate and land matters, among other limited areas of the law.

These 3 new judges will be over districts that have been in much demand for another Judge.

District 11 is getting a 3rd Judge. District 11 covers Madison, Leake, Holmes and Yazoo counties. The Current Judges are Cynthia Brewer and Robert Clark, III.

The candidate for this seat is James Walker (click for website). Walker is the current Family Master for the District, hearing Emergencies,Temporary Hearings and the types of matters the current Chancellors hear. Walker is the former staff attorney for Judge Cynthia Brewer and former staff attorney for DHS.  Walker is the definite front-runner (FB).

District 20 covers Rankin County and will likewise be getting a 3rd Judge.  The current Judge is John Grant.  There is a vacancy for the 2nd Chancellor due to the untimely passing of Judge Dan Fairly– which will be filled, most likely, by appointment and special election.

Craig Slay is the only candidate that has qualified for the new position, but the rumor mill has at least 4 other candidates in the mix. Slay is the Board Attorney for the  Rankin County Board of Supervisors and has practiced law for nearly 20 years. At the time of this post Slay’s social media presence was not readily apparent.

Prentiss Grant is one of those candidates. He has announced publicly to be in the running for Rankin Chancery Judge, though not listed yet on the Secretary of State’s website.  P. Grant has practiced for over 25 years and handled many Chancery Court cases, among criminal and personal injury areas of practice as well.

This will be an exciting race to watch!

District 4 covers Amite, Franklin, Pike and Walthall counties and will be getting a much needed second Chancellor.

Conrad Mord is the only candidate to toss his hat in the ring so far. Mord has practiced in the district for 40 years and currently serves as the Youth Court Referee, a.k.a. Youth Court Judge. The current lone Chancellor is Debbra Halford.

Stay tuned for all of your Family Law Judge news.  This election coverage will be updated as more candidates qualify, though not so much coverage as to be soul-crushing to the casual reader!

Matthew Thompson is a family law attorney and is interested in the election process and the candidates that will decide critical issues for Families 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 or Matthew@bowtielawyer.ms.

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Child Custody, Divorce, General Legal, Opinion, Visitation

Do You Pass “The SleepOver Challenge?”

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Sometimes being a Family Law Attorney leads to having information that you wish you did NOT have.

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From swinging key parties to recreational substance abuse, you would be surprised to learn what good, normal people are doing, even your neighbors.

One way to determine if your conduct is “ok” is to ask yourself “Do I pass the SleepOver Challenge?” This simple test is would you allow your child(ren) to go to a sleepover at so-and-so’s house if you knew they were doing whatever it is that you are doing.

If your answer is “yes” then in the eyes of a Judge you’ll probably be fine, (assuming you are in the bounds of societal norms, whatever that means).  If your answer is “no” it’s time to re-examine what you are doing.

And, if you have some rally bizarre behind closed doors conduct, just disregard this, keep it to yourself and don’t invite anyone for a sleepover.

Matthew Thompson is a Child Custody Attorney practicing Family Law in Mississippi.

Follow the blog: BowTieLawyer 

Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or more information on Child Custody and Divorce. (601) 850-8000 or Matthew@bowtielawyer.ms.

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Child Custody, Divorce, Opinion, Visitation

Going to Bat for Your…Ex!? – Things Great Parents Do Whether they Like it or Not.

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Ex-spouses.  The scourge of happy families.

Despising your ex is a “fundamental right” that most divorcees have earned. Usually, about half of the time, the ex deserves it. However, there are some involved who do not.  The children.

Promoting and encouraging a good relationship between your ex and the children is usually a very good thing.  You should do it.  How, you ask?

Go to Bat for the Other Parent.

If the child indicates they don’t want to go to visitation or that they would rather go to Jenny’s birthday, don’t acquiesce.  Tell them how important it is to go see the other parent. Tell them how much that time means to the other parent. Tell them how much fun they will have.  Even if you don’t believe it.

Think about if the roles were reversed.  Jenny’s birthday is not that important to your child. It’s just another school friend’s birthday. Time with the Other Parent is Priceless.

Here are some other tips on NOT being a Terrible Parent:

Signs of Terrible Parenting.

How to be a Terrible Person.

And, here’s the Best Thing You Can do for Your Child!

Matthew Thompson is a Child Custody  Lawyer in Jackson, Mississippi and goes to bat for his clients.

Follow the blog: BowTieLawyer Visit the website: Thompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

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Child Custody, Child Support, Divorce, Grandparent Visitation, Irreconcilable differences, Modifications, Visitation

DONATE NOW to the MVLP; Helping Low-Income Mississippians attain Lawyers

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Low-income Mississippian’s have a definite need for legal services and lawyers and the Mississippi Volunteer Lawyers Project is working to make sure those Mississippian’s get the help they deserve.  MVLP needs your help too.

MVLP

Click Here to DONATE Now.

Q: What is the MVLP?
The Mississippi Volunteer Lawyers Project, or “MVLP,” is a 501(c) (3) non-profit legal aid organization.

Q: What is the Mission of MVLP?
MVLP enables volunteer attorneys to provide equal access to justice for Mississippians of low-income and limited means through high quality pro bono legal assistance.

Q: What types of cases does MVLP handle?

  • Divorce
  • Child support contempt, child support modification,  and visitation.
  • Emancipation
  • Simple wills 
  • Adoption, guardianship, and conservatorships
  • Name change, birth certificate correction,
  • MVLP hosts legal clinics throughout Mississippi which are staffed by local volunteer attorneys and law students.

Q: How does MVLP work?
Qualified clients are matched with volunteer attorneys who will represent him/her on behalf of MVLP. MVLP staff periodically review the client’s case to ensure that the match is successful, to assess the progress of the case, and to record pro bono hours contributed by the volunteer attorney.

Q: How is MVLP funded?
MVLP receives funding from the Civil Legal Assistance Fund, the Mississippi Bar Foundation, Legal Services Corporation, special events and seminars, donations from law firms, other business and individuals like you. Over the past several years, MVLP’s funding from the Mississippi Bar Foundation and the Legal Services Corporation, in particular, has been substantially reduced because of the country’s current economic situation. MVLP anticipates additional cuts from both sources in 2015, making this year’s fundraising campaign especially critical.

Q: How will My Donation be used?
Annual campaign donations will help MVLP to do the following:
• Recruit more volunteer attorneys to provide much-needed legal services to the poor;
• Increase the number of legal clinics and public awareness workshops offered throughout Mississippi;
• Increase the number of training sessions to volunteers on the types of matters handled by MVLP;
• Provide financial support to clients who cannot afford filing fees and other court costs; and
• Allow the organization to actively engage in short- and long-term, strategic planning with a focus on ways to expand its capacity to reach more individuals in need.

Q: What are the fundraising levels?
Benefactor $10000
Sustainer $5000
Partner $2500
Advocate $1000
Patron $500
Friend of MVLP $250

Or any amount.

Q: How can I Donate?
A: Donate online through PayPal at www.mvlp.org/donate.

Mail your donation to MVLP at PO Box 1503, Jackson, MS 39215 or

Call MVLP at 601-960-9577 and a MVLP volunteer can pick up your donation.

Please make a Donation Now!

Matthew Thompson is a Mississippi Family Law Attorney, Board Member for the MVLP, a volunteer attorney for MVLP and has made his donation for the 2014 campaign and challenges you to help as you are able to this worthy cause.  

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

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

Court is Unpredictable.

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Court. The true final frontier.

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Court is where disputes that otherwise cannot get resolved get resolved. However, Court does not always go as planned. Witnesses freeze up and forget details that matter. Your client talks too much and argues with the other side. Or, your client cries uncontrollably and is hard to understand while testifying. The other party has spontaneous amnesia. The Judge has other cases and the other attorney has an emergency in the next Courtroom.

Even the best laid plans go awry. Court starts late and finishes early, for the day. Court runs long. Court is not fun and a “win” is hard to come by.

Avoid it if you can. Prepare like you can’t.

Matthew Thompson is a Mississippi Family Attorney.

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

Child Custody, Child Support, Crime, Opinion, Visitation

How NOT to Hire an Attorney.

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Desperate times call for desperate measures, but don’t take things too far..

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A recent Craigslist add was seeking to raise funds via a non-traditional manner. Organ sales.  However, this is not your grandmother’s musical instrument.  The ad stated, in part;

I am a healthy active 37yr old, 6′ tall white man of strong european bloodline. I am drug a disease free and have two healthy kidneys and all I have left to sell is one of them. I have been going through custody battles for the last 4 years and am flat tapped out of money and property left to sell. My son is my one true love and his mother wont be happy or stop lying until Im out of the picture and she is being helped by a devious liar of an attorney. I wont give up on my son and am willing to do what it takes to stand up for him. I have to give my attorney some money and this is all I can come up with. I am employed and have a job I love, but I need to lay down thousands of dollars at this point, attornies are not cheap. Please help. Call ****** ***-***-**** ALL EMAILS WILL BE DELETED. Thanks.

I do NOT know if the above is legit or not and I assume it is not.  Sacrificing your health and potentially your life is not the way to “win” custody. Also, organ sales are illegal in the U.S.  The National Organ Transplant Act (1984 Pub.L. 98–507), approved October 19, 1984 and amended in 1988 and 1990, outlawed the sale of human organs and provided for the establishment of the Task Force on Organ Transplantation; authorized the Department of Health and Human Services to make grants for the planning, establishment, and initial operation of qualified Organ Procurement Organizations (OPOs); and established the formation of the Organ Procurement and Transplantation Network and Scientific Registry of Transplant Recipients.

Don’t sell your organs to hire or pay for your attorney.  There are other solutions if you are completely tapped-out, but this ain’t it.  Read about options if you cannot afford an attorney here.

Matthew Thompson is a Mississippi Family Law attorney and cautions those in legal situations, not to make their circumstances worse.

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

Child Custody, Divorce, Opinion, Visitation

Forgettable Halloween!

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Halloween is not a “real” holiday.  School is not out, banks are not closed, the Post Office still does their thing.

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Halloween is also overlooked in Child Custody Visitation Agreements.  It is not in the Court’s “standard” visitation schedule.  Also, Halloween is a moving target.  It’s not always a weekend.  Due to this it can result in one parent “having” the holiday more than the other and the other parent’s “rights” dependent solely on the whim of the calendar.  Sometimes this is not a problem when mom and dad get along, but sometimes this is used against the other parent.  Put Halloween in your papers if you have young children.  It’s a fun day and a special time!

Matthew Thompson is a Child Custody/Visitation lawyer in Mississippi and warns that if you don;t want to be scared on whether or not you have rights to Halloween visitation, it is best to put it in 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.

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Child Custody, Divorce, General Legal, Modifications, Visitation

Child Testimony in Court

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Whether a child should testify is a struggle in every instance when it arises.  I have previously blogged on the law, the Jethrow standard that the Court applies in determining the process of a child testifying.  (Click here).  Today’s is a practical view on how the Court conducts children testifying in a Civil case.

So, how does child testimony work?  Ultimately, it depends on the Judge.  I have seen the following;

1)  The Judge clears the Courtroom of all persons except the Judge, the Court Reporter and the child.

Here the Judge does the questioning.  The Judge is trying to determine the child’s truthfulness, their intellectual capacity for the retaining and reporting the information sought and whether is admissible and relevant.  This process takes as long as the court deems necessary.  I have stood in the hall for an hour while the Court conducts the interview.  Upon the Court concluding, the parties and lawyers are brought back in and the Judge summarizes the child’s testimony.  There may or may not be an opportunity for questioning.

2)  The Judge takes the child and the Court reporter to his/her chambers (office).

Again the Judge does the questioning, but it is in a less intimidating setting.  The judge’s office is usually much more “familiar” and personalized than the Courtroom.  Judge’s do this to put the child more at ease.  The relative same process of above is used, just in a different location.

3)  The Judge, the lawyers, the child and Court Reporter go into the Judge’s chambers.

Here the Judge let’s the lawyers do the questioning.  Now, the Judge is making sure that the lawyers maintain a respectful and appropriate tone and the child is not subject to interrogation or cross-examination in the true sense of the word, but the child is responding directly to the lawyers.  The Judge determines what is relevant and admissible in all instances.

And finally,

4)  The child takes the witness stand and is questioned by each lawyer and possibly the Judge, in the presence of the parents.  For a very young child this procedure will not be used.  For an older child, say 14 and up, this is more common.

Ultimately, the age of the child, the issues at hand and the wishes of the parent’s are the deciding factors in how the child testimony is handled.  The famous quote from the Jethrow case is;

“We reiterate that parents in a divorce proceeding should if at all possible refrain from calling any of the children of their marriage, of tender years at least, as witnesses, and counsel should advise their clients against doing so except in the most exigent cases. The reason and wisdom behind this precaution need no amplification. We also hold, however, as we must that no parent can be precluded from having a child of the marriage in a divorce proceeding testify simply because of that fact.” Jethrow v. Jethrow, 571 So.2d 270, 274 (Miss. 1990).

Matthew Thompson is a Child Custody Litigation Attorney in Mississippi.

Follow the blog: #BowTieLawyer  #Thompson Law Firm  You may also contact Matthew with your family law case or question at (601) 850-8000 or Matthew@bowtielawyer.ms

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