Halloween is not a “real” holiday. School is not out, banks are not closed, the Post Office still does their thing.
Halloween is also overlooked in Child Custody Visitation Agreements. It is not in the Court’s “standard” visitation schedule. Also, Halloween is a moving target. It’s not always a weekend. Due to this it can result in one parent “having” the holiday more than the other and the other parent’s “rights” dependent solely on the whim of the calendar. Sometimes this is not a problem when mom and dad get along, but sometimes this is used against the other parent. Put Halloween in your papers if you have young children. It’s a fun day and a special time!
Matthew Thompson is a Child Custody/Visitation lawyer in Mississippi and warns that if you don;t want to be scared on whether or not you have rights to Halloween visitation, it is best to put it in your papers.
Both parties must present a valid I.D. (Driver’s License, Birth Certificate, Military I.D., DD214, Baptismal Certificate, Life Insurance Record, School Record, or any other official document evidencing age. The Clerk shall retain a copy on file.
$23.00 CASH fee (or similar fee depending on County)
If either party has been divorced within the last six (6) months, a copy of the divorce decree is required
Additional Information
If either applicant is under TWENTY-ONE (21) years of age, parental consent is required
The female applicant must be at least fifteen (15) years of age to apply
The male applicant must be at least seventeen (17) years of age to apply
The license may be used only in the State of Mississippi
Harrison County Circuit Clerk.
It can be very difficult to get a Divorce.
You and your spouse must;
Agree to a Divorce
Agree to all of the Terms of the Divorce Agreement (including custody, support, visitation, property division and financial terms)
The basic process is;
File a Joint Complaint for Divorce (this begins a 60 day waiting period)
Prepare and exchange financial Statements
Prepare and sign the Child Custody and Property Settlement Agreement
Prepare and sign the Final Judgment of Divorce
Present the paperwork to the Court for approval (after 60 days of the initial filing)
Possibly attend Parenting Class
This ONLY works if you and your spouse can AGREE To EVERYTHING. If you cannot then you must pursue a Fault based divorce.
Fault requires:
File a fault-based Complaint for Divorce (determine if you need Temporary Relief)
Have a Summons issued (Rule 4, 81 or both)
Have your spouse served with the documents
Prepare and attend a Temp. Hearing
Propound Discovery
Issue subpoenas
Respond to Discovery
Take Depositions
Have a Contempt hearing
Prepare and exchange financial Statements
Possibly attend Parenting Class
Set Trial
Prepare for trial (6-12 months from now)
Trial gets continued for some reason
Attend Trial
Await Ruling
Be aggrieved
Both parties file Appeals
1 1/2 years later get ruling on appeal
Matter is Remanded
Repeat the above
“… it is the greatest of all mistakes to begin life with the expectation that it is going to be easy, or with the wish to have it so.” ― Lucy Larcom
I may can help save your marriage. I know it sounds inconsistent, but my job is to know the law regarding divorce in my state, advise you with regards to your best interests, protect your interests as I am able and to comply with your requests as much as possible within the realms of legal, moral and ethical authority.
Fixing a Marriage does not come in a manual. There are no quick fixes, nor a consistent 3-step process, but there are some things in common that relationships that can be salvaged exhibit.
1) Both parties Desire or are open to Reconciliation.If one party ain’t having it, it ain’t happening.
2) Both parties Try.One party giving all the effort and the other being the limp-fish won’t get you back together.
3) Both parties accept the Risk.Falling in love, falling on your face, falling out of love. Risk is inherent in all relationships.
4) It takes time.This is not a fast process. The “end” was usually a long time coming, a build up of disappointment, or lies, misconduct or growing apart. It took time to fail. It takes time to heal.
Saving a marriage is possible, but hard. It takes the “want to,” the “effort,” the “risk” and “time.” You still may fail, but you then know you did everything you could.
Attorneys are asked many a number of hypothetical or convoluted questions.
We are asked basic questions regarding the law, Complex questions regarding strategy and even common sense questions regarding life choices. Of course, attorneys are asked about fees.
But what question is not asked that should be?
“Are you doing things that hurt my case?”
Attorneys are not supposed to, but unnecessarily filing Contempt, having the other party served, igniting or not responding to the other when they should can make things worse. Attorneys are in a position where they can help or they can do damage beyond repair.
There are polls, blogs, fan sites, trolls, media and other hype, but #1 in a Family Law situation has to be the children.
If you ever find yourself not knowing what to do, do what is best for the children. Should you let Jr. go on a trip with dad when it’s not his time?
What is best for Jr.?
Is dad safe?
Is the trip meaningful?
Is it best for Jr.? If you can answer these questions then you know what to do.
So, I have to give in every time? No, but you should be reasonable and if it means you don’t get to “act” like the other parent does, maybe that is a very good thing for Jr. to see!
In a Family Law situation make your children your #1 priority!
Matthew Thompson is a Child Custody lawyer in Mississippi and if you like what I did here, read more at BowTieLawyer.ms
Walker, formerly of the 13th Chancery Court district which includes; Covington, Jefferson Davis, Lawrence, Simpson and Smith counties, was on suspension by the Mississippi Supreme Court for his on-the-bench conduct. He pleaded guilty this week to federal charges that included that he instructed a federal grand jury witness to destroy documents and then lied to FBI agents about it.
According to the FBI, Walker directed an attorney (the witness) he had appointed for a Conservatorship to solicit bids for the construction of a home for the ward. Of the bids obtained, one was from the Judge’s nephew. The Judge reviewed the bids in his office and instructed his nephew to increase his bid. Walker then transferred the case to the other Judge in the district for the limited purpose of accepting and approving the bid because of his nephew’s involvement. After the contract was awarded to Walker’s nephew, the case was transferred back to Walker by the second Judge.
Walker, knowing that a Grand Jury subpoena was outstanding for information concerning the bidding process, spoke with the witness about instructing his nephew to increase his bid and the original bid and any existing copies.
When interviewed by the FBI, Walker denied talking with the witness about his nephew’s bids and denied telling the witness that the original low bid needed to be “somewhere else.”
U.S. District Judge David C. Bramlette III will sentence Walker Jan. 8. He faces up to 20 years in prison and a $250,000 fine.
The Judge’s suspension, resignation, and guilty plea were a result of the joint efforts of the Mississippi Judicial Performance Committee and the FBI- Public Corruption Unit.
Matthew Thompson is a Family Law Attorney in Mississippi and warns you to NOT lie to the FBI!
(601) 850-8000 - - BowTieLawyer.MS 
