It’s not attacking the other parent. It’s not making up false allegations. It’s not telling the same lies, time and time again. It’s not making false abuse allegations. It’s not telling anyone who will listen your “woe is me tale.”
Be there. Do what you are supposed to do, every time. Be honest. Be professional. Admit your mistakes and learn from them. Don’t double down on the same bad behaviors that got you into the fight in the first place.
Being a better parent is a lot of work and can be hard, but it’s worth it. Your child deserves it.
Matthew Thompson is a child custody lawyer, a dad, and is encouraging you to be a better parent. Start today. It’s not too late.
In 2016, a mother sought sole custody and child support in a modification action against the father. After a two-day evidentiary trial, the Judge gave the parties 10 days to submit proposals on how the Court should rule. After these submissions, but prior to the Court ruling the Judge accepted the mother’s Facebook friend request. This was unknown to the father.
While awaiting a decision, the mother liked 18 of the Judge’s “Facebook posts and commented on two of them.” However, the Judge did not like or comment on any of the mother’s posts, though he did not deny reading them.
In July, the Judge ruled in favor of the mother. That same day, the guardian ad litem for the child learned that the mother had posted on Facebook that “the Honorable Judge granted everything we requested” and then discovered the mother and Judge were Facebook friends.
The father filed a motion to reconsider, arguing the Facebook frienship created the appearance of impropriety. The Court ruled that he’d made up phis mind prior to the request and denied the father’s motion.
The Wisconsin Appellate Court found that these circumstances clearly created the appearance of impropriety.
The mother’s friend request, and the Judge’s acceptance just prior to a decision “conveys the impression that [the mother] was in a special position to influence [the] Judge’s ultimate decision — a position not available to individuals that he had not ‘friended,’ such as [the father].
The appellate court did state that the “decision does not reach the merits of… [the] ultimate decision on [the mother’s] motion, and we recognize the parties will be required to relitigate their custody and physical placement issues.”
This is not a pro divorce post. This is a common sense divorce post.
48 States* have divorce laws that allow for a divorce if one party seeks a divorce. Mississippi does not allow this. Mississippi requires either an agreement to all terms or you must have fault grounds.
A recent Bill attempted to add as a fault ground, actual separation for a period of 3 years:
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.
Hot chicken is a Nashville staple. It’s origin, however, may come from a spicier circumstance…
The history of Nashville Hot Chicken may be a bit murky, but one version is that a philandering beau was made extra spicy chicken one morning by his significant other, seeking to get her revenge for his catting around.
Instead of revenge it started a wave of hot and spicy fried chicken!
While philandering is not recommended, Nashville Hot Chicken is!
Matthew Thompson is a family law attorney and recommends hot chicken, but advises against philandering.
Hiring a lawyer can be nerve-wracking. It can also be a relief. However, the hard work is not over, even when you hire the right one for you.
I have heard the criticism more than a few times that “I hired that lawyer and I did ALL the work!” Well, yeah, there is a lot for a litigant to do.
You, as the party to a case, have the answers, or at least access to the answers. Within a case, there are a lot of processes to follow. You have to answer written Interrogatories. These are questions the other side gets to ask that you have to answer under oath. These can easily be 30-40 pages, or more!
The other side can request documents requiring you to pour over all of your prior tax records, bank records, credit card statements, pictures that you consider evidence, videos, diaries, notes, memos, texts…all of which takes a mountain of effort and time to gather. And, you have to do it.
The other side can take your deposition, an under oath interview. You have to prepare for that.
All of this legal jujitsu can result in a trial. You have to prepare for that. You have to know the facts of your case. You have to recall incidents and testify truthfully. You have to be specific. You have to know what you want and why.
A good lawyer will know the process and all the steps, but you will still have to do some heavy lifting.
Matthew Thompson is a Mississippi Divorce and Custody lawyer and cautions you that you will have a lot of work ahead of YOU to do your case right.
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