BEASTIE BOYS on Parents’ Rights to Records; Know this LAW- MCA 93-5-26

12/15/2014 BowTieLawyer 1 Comment

You Have to Fight…for Your Right to…PARENT!

beastie-boys1 — http://publicsf.com/events/fight-for-your-right-a-beastie-boys-tribute-night-feat-felonious-jazz-mafia-dj-cyclofunk-with-videos-from-spike-jonze-tamra-davis-adam-mca-yauch-11697

With apologies to the Beastie Boys, it should NOT be a fight to get your child’s important school and medical records. Fortunately, by law in Mississippi, you are entitled to those records regardless of your Custody papers.

REGARDLESS of CUSTODY!

Miss. Code Ann., Sec. 93-5-26, concerns a noncustodial parent’s right of access to records and information pertaining to minor children.

“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 prior appointments, you can get their school records and grades, whether the other parent gives it to you or not.

Armed with this Statute and a smile, schools and doctor’s offices have no right to refuse you this information.

Print YOUR Copy of the Law Here! Miss. Code Ann., Sec. 93-5-26

Matthew Thompson is a Child Custody Litigation Attorney in Mississippi and wants parents to know their rights and fight for their right to…Parent!

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Child Custody, Crime, Divorce, General Legal, Marriage

Mic Test: “Testing 1, 2, 3…”: Recording in Divorce- Good, Bad & Ugly

12/10/2014 BowTieLawyer Leave a comment

Recording Fever has swept the divorce world, at least, since the 1980s.

Recordings set the record straight, right? It’s incontrovertible proof that so-and-so said what-they-said on any given date. It’s right there on tape…

Not so fast. First of all is it legal where you are? States have differing laws on recordings. Generally, in this state, recording is legal so long as one person to the conversation is aware that it is being recorded. However, this is not the case in every state and some require all parties know and consent.

Secondly, is the recording a set-up? There have been instances where a spouse (or ex-spouse) intentionally created circumstances where the other spouse would “blow up.” Under these circumstances your recording may get you in more trouble than it’s worth.

Third, is the recording complete and unaltered? Recordings can be edited. They can certainly be manipulated. Recordings must be authenticated, complete and relevant to be considered admissible.

Fourth, is it as valuable as you think? I know a Judge whose opinion is “You need to be focusing on parenting and communicating with the other parent rather than recording every interaction…“

Recordings, either audio or video or both, may well be legal, legitimate, complete and valuable, but it could easily be illegal, under false circumstances, incomplete and of no value. Discuss the laws regarding recordings and admissibility with your attorney.

Matthew Thompson is a Family Law Attorney in Mississippi and warns clients of the possibility of surveillance and recordings, reminding them to say and do things they do NOT mind being played back in Court.

You may contact Matthew with your family law matter or question at (601) 850-8000

Divorce, Marriage

Still No Gay Marriage in MS; Same-Sex Marriage Stayed Pending Expedited Hearing

12/09/2014 BowTieLawyer Leave a comment

You’ve seen same-sex marriage blogged aplenty.

The Fifth Circuit Court of Appeals has extended the stay put in place by Judge Carlton Reeves after he struck down Mississippi’s ban on same-sex marriage, finding same as unconstitutional.

The case has been fast tracked and will be heard in January, but not before 2 other cases regarding the same subject matter are set to be heard. One case originated out of Texas and the other, Louisiana. These states along with Mississippi make up the 5th Federal Circuit.

Regardless of the 5th Circuit decision, I expect this one to be appealed to the U.S. Supreme Court.

So, what does this mean for the average Mississippian? The law is the same as before the Federal Court ruling, for now.

Terribly interested in this Topic, like I am? Read more below;

MISSISSIPPI & SAME SEX MARRIAGE; THE END OR THE BEGINNING?

MISSISSIPPI SAME-SEX MARRIAGE BAN STRUCK DOWN

MISSISSIPPI: SAME-SEX MARRIAGE AND THE RATIONAL BASIS ARGUMENT

MISSISSIPPI IN THE NEWS- A TEST CASE ON SAME-SEX DIVORCE

MISSISSIPPI SAME-SEX DIVORCE DENIED.

Matthew Thompson is a Family Law Attorney in Mississippi and is keeping pace with the changes in the law.

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Child Custody, Crime, Divorce, Marriage, Opinion

How Do You Tell When a Lawyer is Lying?

12/09/2014 BowTieLawyer 1 Comment

“His lips are moving.”

Perjury has been blogged about.

Never lie. (PERJURY) You will get caught. The truth is easy to remember. Remember, usually, it’s not the crime but the cover-up that gets you. The very affluent husband, with a great job, testified that he was unsure of his income, but knew his expenses down to the penny. He testified under oath that his expenses exceeded his income by over $10,000 per month. The problem? He had no debt. This situation of making $10,000 less than he was spending had been going on for months, if not years, but he always made payroll, carried no debt, had no loans and could not explain how this could be. Perhaps he had a money tree out back.

Lying to your kids has, as well.

It never fails. One of the aggrieved parties to a divorce tells the dirty details to the child regarding the other parent. This is never appropriate or “ok.” Never. Never to a young child. What about when….? No. Never.

But that parent, with their righteous indignation tells me, or testifies, “I do NOT lie to my child?” My response? “Well, what about the Tooth Fairy?“

The Top 5 Lies of Divorce clients are here.

5. Lies about Income.

4. Lies about their role within the Home.

3. Lies about Other Marital Fault.

2. Lies about Value$.

1. Lies about Adultery.

Matthew Thompson is a Divorce Attorney in Mississippi and encourages potential clients to tell your lawyer the truth!

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Divorce, General Legal

Book of Sins; A Detailed Accounting of all of Your Wrongdoings…and Other Things to do for a NOT Healthy Recovery

12/08/2014 BowTieLawyer 1 Comment

Who wrote the Book of Love…er…Sins?

Do you have a Book of Sins? I have learned a new term. “Book of Sins.” This book is a recounting of every wrongdoing perpetrated by that lousy ex of yours.

It includes every text, email, photo, posting, phone record(s), and listing of lies that your sorry, no good ex spouse did, said, lied about and tried to get away with.

This book is brought out at nearly every post-divorce opportunity. Phone call about the kid’s dentist appointment? Remind her of the Book of Sins. School Program? Well the program should include a reference to the Book. What? He’s apologized and you’ve “forgiven “him?? Well that doesn’t mean you can’t throw the Book at him.

The Book of Sins is apparently a real way some persons attempt to deal with divorce. While evidence gathering before a divorce and record keeping after one have a purpose, a Book of Sins and continual reference to same, even years later, does not serve a legitimate purpose. It is not healthy. Burn the Book.

Matthew Thompson is a Divorce Attorney in Mississippi and suggests you burn the Book of Sins.

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.

Child Custody, Divorce, Opinion, Visitation

Going to Bat for Your…Ex!? – Things Great Parents Do Whether they Like it or Not.

12/05/2014 BowTieLawyer Leave a comment

Ex-spouses. The scourge of happy families.

Despising your ex is a “fundamental right” that most divorcees have earned. Usually, about half of the time, the ex deserves it. However, there are some involved who do not. The children.

Promoting and encouraging a good relationship between your ex and the children is usually a very good thing. You should do it. How, you ask?

Go to Bat for the Other Parent.

If the child indicates they don’t want to go to visitation or that they would rather go to Jenny’s birthday, don’t acquiesce. Tell them how important it is to go see the other parent. Tell them how much that time means to the other parent. Tell them how much fun they will have. Even if you don’t believe it.

Think about if the roles were reversed. Jenny’s birthday is not that important to your child. It’s just another school friend’s birthday. Time with the Other Parent is Priceless.

Here are some other tips on NOT being a Terrible Parent:

Signs of Terrible Parenting.

How to be a Terrible Person.

And, here’s the Best Thing You Can do for Your Child!

Matthew Thompson is a Child Custody Lawyer in Jackson, Mississippi and goes to bat for his clients.

Follow the blog: BowTieLawyer Visit the website: Thompson Law FirmYou may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

Divorce, General Legal, Irreconcilable differences, Opinion

BlackMail is Legal in Divorce – The Law in Mississippi; Promoting Fights Since 1976

12/03/2014 BowTieLawyer 12 Comments

Mississippi law provides for parties to gain a divorce through one of two methods; 1) Agree to the Divorce and all issues, called an Irreconcilable Differences Divorce, or 2) pursue a Fault Based Divorce granted due to the other party’s misconduct. That’s it. Mississippi does not have a true NO FAULT divorce process.

So,what happens if you cannot agree and do not have grounds?

Divorce Blackmail

In the mid 1980’s this issue was pointed out by the Mississippi Supreme Court.

“Prior to 1976 mature and responsible people who found their marriages irretrievably broken were offered by our law absurd choices…the complaining spouse had to choose between outright perjury and hoping that the chancellor would not strictly enforce the standards of proof legally required to establish one of the twelve grounds for divorce. The other choice…the ‘knock down, drag out’ fight to which the adversary system invariably leads…frequently creating more problems than are solved. Divorce had become a degrading, dehumanizing experience.”

Gallaspy v. Gallaspy, 459 So.2d 283 (MS 1984). Justice James Robertson, Concurring Opinion

…further improvements in our law are needed. As enlightened and desirable as was the enactment of the Irreconcilable Differences Act in 1976, the job has not yet been completed…[the] Irreconcilable Differences Act–it facilitates, even encourages, financial blackmail…the chancery court has not authority to grant a divorce…unless the parties have reached an agreement…the spouse wanting the divorce or feeling that he or she must obtain a divorce is subject to financial blackmail. A party without fault grounds and no mutual agreement has only two options; (1) knuckle under and accept less than favorable financial terms or (2) go to court and try to obtain a contested divorce and an accompanying alimony and support award, when, as she and her lawyers surely must have known, she really did not have “grounds.” Id.

Justice Robertson actually proposed adding a 13th fault ground of Irreconcilable Differences, which if proven would allow the Court to award an ID divorce to one party, even over the objection of the other party and would allow the Court to rule upon the support issues.

However, Mississippi law actually perpetuates Blackmail. If your spouse won’t agree and you don’t have fault grounds then you are STUCK.

There have been a number of bills proposed to end this divorce conundrum, but so far none has gained any traction. Let me know your thoughts. Do you support allowing for a true No Fault divorce, or an irreconcilable differences divorce after a period of separation?

Matthew Thompson is a Family Law attorney and is in favor of amending the Irreconcilable Differences divorce statute.

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Divorce, Marriage, Opinion

When to Have an Affair.

12/02/2014 BowTieLawyer Leave a comment

Affairs can be exciting, secretive and scandalous…

This excitement is short-lived. The secret too, is soon out. Finally the scandal hurts more than just the perpetrators, but also their families. Affairs, actually, are usually disasters, depressing and not worth the effort. During an affair the participants are focused on themselves. This tunnel vision leads to neglect of those other persons in their life, which actually makes those relationships worse.

There is an ebb and flow that is true in all of our interactions with other human beings. The time you are spending with that other person is less time that you are spending with your family, focusing on your work, and even yourself.

Additionally, the fall out from the affair is “self-inflicted” injury and injures all parties involved.

So, when is the right time to have an affair? Never. There is no right time to have an affair.

Matthew Thompson is a Mississippi Divorce Lawyer and reminds you of what Nancy Reagan has said since the 1980s, “Just Say no.”

Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms