Just one in a series of posts of some State Laws that are on the Books in Mississippi.
It’s a crime to sell or give poison to a child.
MCA § 97-27-31 A druggist, apothecary, or other person shall not sell or give away any poison to any minor, and for so doing he shall be punished as for a misdemeanor.
Don’t send Jr. to the ACE Hardware to get Rat Poison!!
Matthew Thompson is a child custody attorney in Mississippi and does not send his children to the hardware store for poison.
Mississippi Law provides that you are entitled to your minor child’s records regardless of your Custody papers. This is regardless of the LEGAL CUSTODY and regardless of the PHYSICAL CUSTODY ORDER.
Miss. Code Ann., Sec. 93-5-26, guaranties non-custodial parent’s right to access to records and information pertaining to their minor child(ren).
“Notwithstanding any other provisions of law…access to records…pertaining to a minor child, including but not limited to medical, dental and school records, shall not be denied to a parent because the parent is not the child’s custodial parent if such parent’s rights have not been terminated by adoption or by termination of parental rights proceeding.”Id.
As a parent you have the right to this information by law. You can request medical records regarding your child’s health and appointments. You can get their school records, progress reports and grades. You are entitled to schedules, calendars and to know the events coming up.
Armed with this Statute and a smile, schools and doctor’s offices have no right to refuse you this information. But ask nicely. They are potential witnesses in the future!!
Matthew Thompson is a Child Custody Litigation & Child Welfare Attorney in Mississippi and wants parents to know their rights and fight for their right to…Parent!
Basic Adoption Statutory law is being amended by legislation. The change is replacing essentially one word with another.
MCA 93-17-3 requires a certificate by a doctor or nurse practitioner stating the adoptive child’s health and mental condition. This provision does not require the adoptive child be healthy, but is instead required so the adoptive parent knows IF there are any health concerns; mental or physical.
The statutory change is replacing “doctor” with “physician.”
The word “physician” in the section means a person licensed under Chapter 25, Title 73, Mississippi Code of 1972.
MCA 25-73-1 holds that “Every person who desires to practice medicine must first obtain a license to do so from the state board of medical licensure…”,
So the law change requires the child be evaluated by a licensed physician or nurse practitioner. This change eliminates “doctors” that are not licensed physicians from doing these certificates.
So Ph.D.s and J.D.s, like myself, are now excluded, by law.
I wonder what happened to prompt this change. It seems common sense as to what the statute meant and required…
Matthew Thompson and Chad King are Adoption and Child Welfare attorneys in the State of Mississippi and have never contemplated submitting a Doctor’s Certificate merely because they hold a Juris Doctorate (Doctor of Jurisprudence). And, don’t call us Doctor!
Senate Bill 2484, seeking to create a presumption of joint custody died yesterday, March 12.
This Bill which passed the Senate initially, then amended in the House, passed and sent back was ultimately not voted on and died a calendar death on 3/12/25.
It sought to require Joint Physical Custody and equal parenting time in every custody case unless the Court found a compelling reason to not grant shared parenting.
It necessarily would have put the every other weekend schedule as “standard” as outdated…
It also sought to amend child support determinations in the event joint custody was granted.
But, alas, it’s for naught. The scuttlebutt was there was an upswell of concerns about how far this proposal really went and that judges and even some family law attorneys had concerns.
Regardless, there will be no significant changes in family law this session…
Matthew Thompson is a child custody and child welfare attorney in Mississippi.
Eagle-candidate James, with Troop 15-Madison, needs your HELP!!
James is seeking donations of new and gently used children’s books. These books will be sorted by age-appropriateness and genre and given to Children within Child Protection Services.
Books will be provided to Youth Courts in the tri-county area for their playrooms/libraries, to Foster Parents, to CPS Social Workers and to the Children!
Watch the attached Video for more information.
Books may be dropped off at the Canton, Madison, and/or Ridgeland libraries, local area business will soon have drop boxes, as will local schools and churches.
You may also drop children’s books at Thompson Law Firm, located at 2060 Main Street, Madison, MS 39110.
You may email any questions or concerns to JamesParmley7@gmail.com or contact any Scout or Leader with Troop 15 Madison, or contact Matthew Thompson at Matthew@ThompsonLaw.ms or text him at (601) 906-6545.
A still-alive MS Bill seeks to tweak the Youth Court timeline when a child has been adjudicated neglected and abused for a permanency hearing.
The current law requires that the youth court shall conduct a permanency hearing within one hundred twenty (120) days or every sixty (60) days for children under three (3) years of age after the earlier of:
(i) An adjudication that the child has been abused or neglected; or
(ii) The date of the child’s removal from the allegedly abusive or neglectful custodian/parent.
The proposed changes requires;
the youth court shall conduct a permanency hearing within * * * three (3) months * * * after the earlier of the following and every three (3) months thereafter:
(i) An adjudication that the child has been abused or neglected; or (ii) The date of the child’s removal from the allegedly abusive or neglectful custodian/parent.
This change is not that significant and likely will not effect you.
Matthew Thompson is a child welfare attorney and noticed this when review pending legislation and needed a filler blog for the week of Spring Break.
A new bill in Mississippi will require Joint Physical Custody & EQUAL Parenting TIME, unless the Court finds a compelling reason not too…
Senate Bill 2484 requires that, “There shall be a rebuttable presumption that joint custody and equally shared parenting time is in the best interest of the child. If the court grants joint custody and equally shared parenting time, the court shall construct a parenting time schedule which maximizes the time each parent has with the child and ensures the best interest of the child is met.“
(ii) The presumption created in subparagraph (i) of this paragraph shall be rebuttable by a preponderance of the evidence. A court that does not award joint custody with equally shared parenting time shall document the reasons for deviating from the presumption.
(b) To calculate child support for joint custody with equally shared parenting time, unless the court determines a deviation from this paragraph is in the best interest of the child, the court shall:
(i) Calculate a child-support award under the guidelines of Section 43-19-101 for each parent as if each parent was the obligor;
(ii) Calculate the difference in the two (2) awards by subtracting the lesser award from the larger award; and
(iii) Order the difference in the two (2) awards to be paid by the parent who has the higher adjusted gross income to the parent with the lower adjusted gross income.
(c) Upon petition of both parents, the court may grant legal and/or physical custody to one (1) parent without documenting a reason for deviation.
This is a potential monumental change in child custody law, primarily the requirement for equal parenting time. If signed into law this does away with the every other weekend visitation schedule…
Additionally, it drastically changes the child support landscape and can have “mom” paying “dad” dependent upon the math.
This made its way through the legislature with little fanfare and virtually zero input from practitioners and judges.
Matthew Thompson is child custody attorney and believes children do best with both parents as involved as possible.