Friday’s Humor.
Youth Court in Mississippi
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.
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- 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:
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- 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.
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- 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.
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- 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.
It’s NOT a Vast Conspiracy…(usually).
“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.
Don’t Send a “Novel” in a Text Message
The first text message was sent in 1992 from Neil Papworth, a former developer at Sema Group Telecoms. Mobile phones didn’t have keyboards at the time, so Papworth had to type the message on a PC. Papworth’s text — “Merry Christmas” — was successfully sent to Richard Jarvis at Vodafone. http://mashable.com/2012/09/21/text-messaging-history/#7WcM8gVdbZqj
A two-word message was the first text message and is a good general guide for how long your messages should be. Texting a novel is NOT a good idea. It is hard to read. Punctuation is an afterthought. Grammar rules are ignored. There is no tone in text messages.
A text message novel is a mere paragraph in an email. In an email form it is not daunting or harassing. In text form it is over the top. Send short texts. Save the longer messages for an email or even a letter.
Matthew Thompson is a Family Law Attorney in Mississippi and reminds you to avoid sending a novel length text message.
Friday Funny
Matthew Thompson www.BowTieLawyer.ms (601) 850-8000
Don’t Overplay Your Hand.
It’s an expression from the gambling world, but holds true in family law too.
Overplaying your hand is when you think you have the advantage, but do to whatever reason you don’t. Sometimes it’s because an important piece of information was not disclosed, or perhaps overlooked, or because the opponent has the ability to make a situation appear to be something that it is not.
For instance, it’s common in custody disputes for one side to want full custody and the other to want joint. The side that wants joint describes each side’s parenting as basically 50/50 and, of course, there is no need for child support. The side that wants full custody describes the parenting as more 80/20 and seeks support. The full custody parent can also back up their claims. They know the teachers, doctors, children’s schedules, and have done the primary care-giving. The side that wanted joint, well their job did not allow them to really do joint, but the 20% of the time they were around, they did 50% of the parenting. That would have been nice to know on the front end.
The bottom line is to be sure to tell your lawyer everything. If you do, you can be protected as much as possible. If you don’t, they may call your bluff and you could be up the river.
Matthew Thompson is a Divorce attorney in Mississippi and warns you that sometimes calling the person who is overplaying their hand can backfire on you. So be careful either way.
If You Don’t Get Married You Don’t Get to Keep the Ring.
The engagement ring. A circle, no beginning and no end. A diamond, one of the Earth’s most precious stones. However, if you don’t get married it goes back.
A very recent Mississippi Court of Appeals case reaffirmed Mississippi law on the engagement ring. In Cooley vs. Tucker, 200 So.3d 474, (Miss. App. 2016), the fellow, Tucker, gave a $40,000.00 ring to Cooley in 2011. He broke off the engagement in 2014. Cooley wore the ring the entirety of the engagement and the parties discussed wedding arrangements.
After calling off the wedding, Tucker requested the ring back and Cooley refused claiming it was a gift. To be a a valid gift the following is required:”(1) a donor competent to make a gift; (2) a voluntary act of the donor with donative intent;(3) the gift must be complete with nothing else to be done; (4) there must be delivery to the donee; and (5) the gift must be irrevocable.” Id.
The Court reasoned it was not a gift, in that it was a conditional gift in contemplation of marriage. Because no marriage occurred the gift condition was never satisfied. The ring must be returned. Cooley also argued that the Court should weigh in on the reasons for the marriage not occurring in the first place, meaning whose fault was it. The Court said, “We decline to do so.” Id. Did you get married? If no, the ring goes back.
Matthew Thompson is a Mississippi Family Law Attorney and cautions you to be careful who you marry and also be careful to whom you become engaged.
Why Putting Your Engagement on FaceBook May be a Bad Idea.
It seems our “lives” are lived on FaceBook, for better and for worse.
A short marriage came to an abrupt end when the parties realized that they did not really know each other. It was not a first marriage for either party, a whirlwind courtship and a tumultuous coupling that lead to separation after 9 months.
The husband sought an easy “no-fault” divorce. She would keep hers plus he pays her some starting over money, he keep his and they go their separate ways. She did not respond.
Well, she actually hired a lawyer and sued him for everything; a fault based divorce, 1/2 of the house, 1/2 of his retirement, that he buy her a car, permanent alimony, plus she retains all of her stuff. Again, all of this based on a 9 month marriage. It’s important to note that he had the house prior to marriage, the bulk of the retirement prior to marriage and the car was a lease that was to be turned in.
She was aggressive to a fault. She sought a temporary hearing and asked for temporary alimony. She didn’t get it. We then went through the discovery process. We sought records, arrest and otherwise.
Finally, a break through…she posted on FaceBook that she was engaged! To her Soulmate!
I sent her lawyer a note. It said “Great news! I hear congratulations are in order. Your client has announced her engagement. Attached are the pictures she posted, plus a pic of an impressive engagement ring…it’s high time this case settle. Attached is our proposal to settle all issues. Please review, sign where indicated and return to me. In the event this does not resolve this matter we will be filing an Amended Answer and Counterclaim consistent with these revelations.“
The case settled that day via an easy “no-fault” divorce. She kept hers plus he paid her some starting over money, he kept his and they went their separate ways.
Matthew Thompson is a Mississippi Divorce Attorney and is equally grateful and frustrated that FaceBook exists.
(601) 850-8000 - - BowTieLawyer.MS 