Child Custody, Child Support, Crime, Divorce, Visitation

Mississippi Uniform Child Abduction Prevention Act (UCAPA); How to prevent Parental Abduction in Custody cases.

05/26/2017 BowTieLawyer Leave a comment

In 2010, Mississippi enacted the Uniform Child Abduction Prevention Act (UCAPA). This statute is designed to give the Courts the authority to prevent child abduction in parental custody/visitation disputes. This statute, in conjunction with the UCCJEA regarding interstate jurisdictional determinations, provides remedies to prevent abduction by providing for injunctive relief upon a demonstration of a credible “risk of abduction.”

The statutes provides the following;

§ 93-29-13. Factors to determine risk of abduction.

(a) In determining whether there is a credible risk of abduction of a child, the court shall consider any evidence that the petitioner or respondent:

(1) Has previously abducted or attempted to abduct the child;

(2) Has threatened to abduct the child;

(3) Has recently engaged in activities that may indicate a planned abduction, including:

(A) Abandoning employment;

(B) Selling a primary residence;

(D) Closing bank or other financial management accounts, liquidating assets, hiding or destroying financial documents or conducting any unusual financial activities;

(E) Applying for a passport or visa or obtaining travel documents for the respondent, a family member or the child; or

(F) Seeking to obtain the child’s birth certificate or school or medial records;

(4) Has engaged in domestic violence, stalking or child abuse or neglect;

(5) Has refused to follow a child-custody determination;

(6) Lacks strong familial, financial, emotional or cultural ties to the state or the United States;

(7) Has strong familial, financial emotional or cultural ties to another state or country;

(8) Is likely to take the child to a country that:

(A) Is not a party to the Hague Convention on the Civil Aspects of International Child Abduction and does not provide for the extradition of an abducting parent or for the return of an abducted child;

(B) Is party to the Hague Convention on the Civil Aspects of International Child Abduction but:

(i) The Hague Convention on the Civil Aspects of International Child Abduction is not in force between the United States and that country;

(ii) Is noncompliant according to the most recent compliance report issued by the United States Department of State; or

(iii) Lacks legal mechanisms for immediately and effectively enforcing a return order under the Hague Convention on the Civil Aspects of International Child Abduction;

(C) Poses a risk that the child’s physical or emotional health or safety would be endangered in the country because of specific circumstances relating to the child or because of human rights violations committed against children;

(D) Has laws or practices that would:

(i) Enable the respondent, without due cause, to prevent the petitioner from contacting the child;

(ii) Restrict the petitioner from freely traveling to or exiting from the country because of the petitioner’s gender, nationality, marital status or religion; or

(iii) Restrict the child’s ability legally to leave the country after the child reaches the age of majority because of a child’s gender, nationality or religion;

(E) Is included by the United States Department of State on a current list of state sponsors of terrorism;

(F) Does not have an official United States diplomatic presence in the country; or

(G) Is engaged in active military action or war, including a civil war, to which the child may be exposed;

(9) Is undergoing a change in immigration or citizenship status that would adversely affect the respondent’s ability to remain in the United States legally;

(10) Has had an application for United States citizenship denied;

(11) Has forged or presented misleading or false evidence on government forms or supporting documents to obtain or attempt to obtain a passport, a visa, travel documents, a social security card, a driver’s license or other government-issued identification card or has made a misrepresentation to the United States government;

(12) Has used multiple names to attempt to mislead or defraud; or

(13) Has engaged in any other conduct the court considers relevant to the risk of abduction.

(b) In the hearing on a petition under this chapter, the court shall consider any evidence that the respondent believed in good faith that the respondent’s conduct was necessary to avoid imminent harm to the child or respondent and any other evidence that may be relevant to whether the respondent may be permitted to remove or retain the child.

Miss. Code Ann. §93-29-1 et. seq.

UCAPA is a another arrow in the quiver of child custody remedies when dealing with a dangerous opposing party. It is not often invoked, but is a necessary remedy in the above specific situations.

Matthew Thompson is a Child Custody lawyer in Mississippi and advises all parents to take serious Child Custody matters.

humor, Opinion

Go to Your Child’s Events.

05/24/2017 BowTieLawyer Leave a comment

They can be long, boring and seemingly insignificant. Go anyway. You have to sit by people you don’t know and talk to people with coffee breath. Go anyway.

They are precious milestones that will be over too soon. Graduation, Field Day, Grandparent’s Day, AR Recognition, Chapel, plays, musicals, ball games and spelling bees. Go.

Matthew Thompson is a Family Law attorney that tries to make these events a priority and reminds you to never refuse a breath mint.

www.BowTieLawyer.ms (601)850-8000

Divorce, General Legal

Legal Forgiveness = Forgiveness? in a Divorce Action

05/23/2017 BowTieLawyer 1 Comment

One of the most claimed grounds for divorce is Adultery. Actually, the statue refers to it as “Uncondoned Adultery.” What, you ask, is Uncondoned Adultery? That is adultery that has not been “forgiven.”

Condonation is “legal forgiveness.” This happens when the aggrieved spouse knows of the fault and decides to reconcile with the other party. You resumed living together as husband and wife, had sex and otherwise tried to make it work.

Once this occurs you no longer have grounds for divorce based on Adultery. Even if it didn’t work!

There are a few strings attached, however. The guilty spouse must, in “good faith” attempt the reconciliation. Additionally, the aggrieved spouse can only forgive what they know about. If there were multiple affairs and all were not disclosed there may still exist fault grounds, whether they are aware of it or not. Also, if the adultery is repeated it revives the grounds for divorce.

Condonation is a difficult issues to wrestle with in divorce. The Court must consider the knowledge of the aggrieved spouse, the intent of the guilty spouse, the effort(s) to reconcile – whether they are in good faith. All these are fact specific and subjective determinations to be made by the Court.

Matthew Thompson is a divorce attorney in Mississippi and cautions you that some lawyers will advise the guilty party to do or say whatever is necessary to get the other party back in bed, for “reconciliation,” so that the defense of Condonation may be used.

alienation, Divorce, General Legal, Opinion

R. Kelly; Singing the Blues?

05/17/2017 BowTieLawyer Leave a comment

Robert Sylvester Kelly, better known as R. Kelly, has been sued in Hinds County, Jackson, Mississippi.

Kelly, a singer, songwriter, record producer, and former professional basketball player, is the named Defendant, along with his professional entities, in a pending Alienation of Affection lawsuit. The suit was filed by a Hinds County Sheriff’s Deputy, Kenny Bryant.

Bryant alleges that R. Kelly interfered with Bryant’s marriage relationship ultimately alienating his wife’s affection from Bryant.

Alienation of Affection is a Mississippi common law tort. That means it is a civil wrong, based on case-law and not a statute.

Alienation of Affection claims allow the wronged spouse to sue the “significant other” of the guilty spouse for the breakdown of the marriage. There are only 6 states in the country that still recognize Alienation, but Mississippi is one of them and in the 1990’s our appellate Courts reaffirmed Alienation as alive and well in the Mississippi legal system.

Alienation of Affection requires;

1) Wrongful Conduct, ie: adultery;

2) Loss of Affections, meaning there was a good relationship prior to the wrongful conduct; and

3) Causal Connection linking the Wrongful Conduct to the actual Loss of Affection. All 3 must be present for a viable claim. There is a 3 year statute of limitations in which to bring the claim, beginning when the loss of affection is finally accomplished.

Even if the above can be shown it does not mean that the Plaintiff wins. A jury would then decide a money value on the “damages.” That is a hard figure to quantify.

Child Custody, Visitation

Happy Mother’s Day!

Image 05/14/2017 BowTieLawyer Leave a comment

Thompson Law Firm wishes all Mothers, Grandmothers, mothers-in-law, step mothers, moms-to-be and all women who have served in these roles a very Happy Mother’s Day!

Divorce

Friday’s Humor.

05/12/2017 BowTieLawyer 1 Comment

Child Custody, Crime, General Legal, Visitation

Youth Court in Mississippi

05/09/2017 BowTieLawyer Leave a comment

Youth Courts deal with matters involving allegations of abuse and neglect of children.(Youth Courts also handle cases involving offenses committed by juveniles, persons who have not reached the age of 18 may be subject to the Youth Court, although there are some exceptions. Some offenses which would be treated as crimes if committed by adults are known as “delinquent acts” when they involve juveniles.”)

21 counties have a County Court Judge serving as Youth Court Judge. In counties which do not have a County Court, the Chancery Judge may hear Youth Court matters, or the Chancery Judge may appoint a lawyer to act in a judicial capacity as Youth Court Referee. The city of Pearl also has its own municipal Youth Court.

In Madison County the County Court Judges also serve as Youth Court Judges. In Hinds and Rankin Counties, they have Youth Court Judges that serve in dedicated Youth Courts.

Child abuse can be:

Emotional:anything said or done that is hurtful or threatening to a child, such as name calling, belittling a child, or making threats of harm.
- Name calling; “You’re stupid.”
- Belittling; “I wish you were never born.”
- Destroying child’s possessions or harming pets.
- Threatens to harm child or people they care about; “I’m going to choke you,” or “I’ll hurt your sister.”
- Locking a child in a closet or box.
- Rejecting a child.
- Isolating a child.
Sexual Abuse is any inappropriate touching by a friend, family member, anyone having ongoing contact and/or a stranger, such as:
- Touching a child’s genital area.
- Any type of penetration of a child.
- Allowing a child to view or participate in pornography.
- Prostitution, selling your child for money, drugs, etc.
- Forcing a child to perform oral sex acts.
- Masturbating in front of a child.
- Having sex in front of a child.
- Touching a Child’s genital area.
Physical:any type of contact that results in bodily harm or bruising, or physically restraining a child improperly.
- Hitting or slapping a child with an extension cord, hands, belts, fists, broom handles, brushes, etc.
- Putting child into hot water.
- Cutting the child with a knife or any other sharp object.
- Shaking or twisting arms or legs, yanking a child by the arm.
- Putting tape over a child’s mouth.
- Tying a child up with rope or cord.
- Throwing a child across a room or down the stairs.
Neglect: not meeting the basic needs of the child, including not giving essential medicines or food, leaving a child unsupervised, providing inadequate protection from the weather.
- Medical – not giving a child life-sustaining medicines, over medicating, not obtaining special treatment devices deemed necessary by a physician.
- Supervision – leaving child/children unattended and leaving child/children in the care of other children too young to protect them (depending upon the maturity of the child).
- Clothing and good hygiene – dressing children inadequately for weather, persistent skin disorders resulting from improper hygiene.
- Nutrition – lack of sufficient quantity or quality of food, letting a child consistently complain of hunger and allowing the child to rummage for food.
- Shelter – having structurally unsafe housing, inadequate heating, and unsanitary housing conditions.

Within a neglect or abuse case there are several phases. Upon a complaint or report, which can be anonymous, Youth Court will hold a Shelter Hearing. It is akin to an emergency hearing. The Youth Court will determine if immediate action needs to be taken. Typically, the next Youth Court determination will be an Adjudication Hearing. This is to determine if the child was neglected or abused. Lastly, youth Court will conduct a Disposition Hearing. This is to determine the final outcome.

Youth Court’s #1 goal is reunification when and where possible. Youth Court cases involving neglect and abuse are not seeking to punish and there could be separate criminal consequences for acts of neglect or abuse for the perpetrator.

The “players” in a Youth Court proceeding are the Judge, Youth Court Prosecutor, Guardian Ad Litem (attorney for the child and sometimes a non-attorney investigator), some Courts now have Parent’s Representatives (attorneys appointed for a parent), or privately hired Attorneys.

Matthew Thompson is a Child Custody attorney in Mississippi and has handled multiple Youth Court cases throughout Mississippi.

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

It’s NOT a Vast Conspiracy…(usually).

04/14/2017 BowTieLawyer 2 Comments

“Do you think the Judge was on the take?”

There have certainly been instances of judicial corruption. However, they are few and far between. In Family Law matters, Judges wield considerable power, read as discretion. The Judge, a.k.a. Chancellor, decides what evidence is admitted, how to determine witness credibility and what weight is given both.

To help in this endeavor, there are rules which the Court must apply and adhere to. These rules deal with whether evidence may be introduced, or if certain “witnesses” may even offer testimony. The lawyer knowing these rules, or at least that they exist and where to find them, should argue the application of the rules to the offered evidence or testimony and then the Judge determines if it is accepted.

With that background, if Court did not go your way ask your lawyer first. Were they prepared? Did they make sensible arguments? Did they know the law on the issues before the Court? Because, if they were not prepared, made nonsensical arguments and did not know the proper legal standard, perhaps your loss was not due to the vast conspiracy, but do to your own efforts and that of your counsel.

99 times out of 100 your loss is not to be put at the blame of the Judge. The Judge wasn’t bribed. Think about it. Why would the Judge risk his or her career, reputation and freedom just to give you a bad deal? They would not. Think about the checks and balances in place, the process for having rulings appealed, the fact that every word uttered in Court is taken down, recorded and documented and then look in the mirror and ask that person if they have done the right thing.

The Judge wasn’t bribed. Just maybe, the outcome was because of the facts.

Matthew Thompson is a Family Law Attorney in Mississippi and represents parents in domestic disputes regarding divorce, alimony, child custody and support.