It’s exhausting! We get it…
The constant bad-mouthing your ex is getting old. The overly dramatic posts on FB aren’t getting any likes. The permanent scowl you wear is wearing thin.
Stop.
Beware of the Lemon Lawyer.
You’ve heard of the Lincoln Lawyer, but what about the Lemon Lawyer…
Signs of the Lemon Lawyer:
- When you Call the Office and you Never get a Live Person. Voicemail has a purpose, but every time? Leave a message after the beep.
- Bait and Switch. That’ll be $19.95. Once hired, that was just the retainer. it will be $19,995.00.
- It’s Their First Case Doing that Type of Law. We all had to start somewhere, but sometimes the rookie is dangerous.
- Alternative Fee Arrangements. Sure. We all like the Barter system, but taking your case for a bushel of beans and your grandpaw’s shotgun… you may get a bushel of something. Also, if there is a “couch fee” option, RUN!
- Multiple Office Moves. Moving on up is one thing. Constantly moving, multiple firm changes and temporary office space at the Kangaroo Mart are red flags.
- When you tell other people who represents you they say, “Ohhhh…“
Matthew Thompson is a Divorce Litigation Attorney in Mississippi and warns you to avoid the lemon.
Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm
You may also contact Matthew with your family law case or question at (601) 850-8000 or Matthew@bowtielawyer.ms
Hearsay, Hearsay, Read All About It.
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
Just Checking…
Marshall Ramsey sums up Mississippi’s current politico-religiosity in one frame.
What is an Affair?
Mississippi law defines an affair as uncondoned sexual intercourse with a person of the opposite sex, not your spouse.
This definition is evolving, however. With recent changes in the law regarding who can get married the requirement that it be a person of the opposite sex is no longer a valid limitation. Additionally, it must be uncondoned which means without either permission before or forgiveness after.
Because affairs are so secretive in nature the Court can use circumstantial proof to find you guilty of Adultery. Upon a showing of inclination and opportunity the Court can conclude you cheated even over your absolute denial and total absence of DNA evidence! Frankly, DNA evidence and divorce Courts have not caught up with CSI, yet.
Inclination (or infatuation) is the many, many number of calls, texts, emails and love letters, communicating all hours of the night and day. The contact between the spouse and the paramour.
Opportunity is just them being alone together long enough to… This could be the house, car, park, hotel, motel or back alley.
Does other stuff count, as opposed to just sexual intercourse? It could. It also stands to reason that the Court could infer that if you are doing other stuff it includes intercourse.
Matthew Thompson is a Mississippi Divorce Attorney and reminds you to not have an affair.
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
Changing Custody vs. Visitation
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.
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
Rankin Chancery Judicial Election
Again?!? It seems there is a Judicial race every year. Normally, this is not the case, but the legislature saw fit to create new judicial positions and with the untimely passing of a sitting Chancellor, another election is around the corner.
Rankin County Mississippi will host a contested Chancery Judge election this fall. Contested in the nicest sense of the word!
Running as the incumbent is John McLaurin.
John McLaurin was selected by Governor Bryant to fill the vacancy left by Judge Dan Fairly’s passing. Judge McLaurin served as the Family Master for Rankin County since 2007, hearing the exact type of cases he now hears as a full-time Chancellor.
Judge McLaurin “has extensive legal experience with heavy emphasis in the chancery court system. He is a lifelong resident of Rankin County…” said Bryant.
McLaurin holds a bachelors degree from Vanderbilt University and graduated from the University of Mississippi School of Law. Prior to taking the bench, he practiced law at McLaurin & McLaurin since 1976.
McLaurin is a lifelong member of Brandon First United Methodist Church. He and his wife, the late Carol Noel McLaurin, were married for 33 years. They have two adult children and two granddaughters. http://www.governorbryant.com/gov-bryant-appoints-john-mclaurin-jr-as-rankin-county-chancery-judge/
* As a point of interest, McLaurin is the great-great nephew of the former Governor of Mississippi, and U.S. Senator, Anselm McLaurin, and is related to the late Robin Williams.
Running as the challenger is James “Jim” Nix.
Jim has practiced law for over 35 years and same was devoted almost exclusively to matters which are within the substantive jurisdiction of the Chancery Court.
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Attorney at Jones and Nix , PLLCOctober 1987 to present
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Jim attended Cumberland School of LawPast: University of Montevallo
You may remember attorney Nix from the last contested Rankin County Chancery race.
Neither candidate has really cranked up their political machines. However, this will be the most civil and professional contested race, ever, in Mississippi.
Matthew Thompson is a Mississippi Family Law Attorney and wishes both candidates could win.
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
Where Does Your Child Live? Child Custody
“I have Joint Custody.”
I hear this often,”…but I have Joint Custody!” However, the Court Order determines what you have.
There are 2 types of Custody in Mississippi Law. Legal Custody and Physical Custody.
Legal Custody is the decision-making right regarding the child related to their health, education and general welfare. It requires the parents to keep the other reasonably informed of the child’s goings-on. It is commonly Joint Legal Custody, but this has no bearing on the schedule.
Physical Custody is where the child resides on a primary basis. Within Physical Custody there are typically 2 types. 1) One parent has Physical Custody subject to the other parent’s rights of visitation, or 2) Joint Physical Custody. Joint Physical Custody does not require it be a 50/50 time split, however it is defined as each parent spending a substantial amount of time with the child.
Joint Legal allows access to information and creates an obligation for consultation regarding issues concerning the child. Joint Physical is “Joint Custody.”
Matthew Thompson is a Mississippi Child Custody attorney.
Follow the blog: BowTieLawyer You may also contact Matthew with your family law case, question or concern at (601) 850-8000
(601) 850-8000 - - BowTieLawyer.MS 