Divorce, General Legal

We’ll See What the Judge has to say About That…

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“We’ll just let the Judge decide…”

The Judge.  The (near) Final Ruler on all legal disputes that cannot be resolved otherwise.  There is likely not a more misunderstood and much maligned position. Judges are expected to know-it-all and get it right every time, all the while without acting like a know-it-all. Judges have multiple roles in hearings and trials. Judges have these tasks, among others;

  • Determines whether the correct legal procedures were followed.
  • Determines to some extent the procedures for conducting the Court Room.
  • Determines the witness’ credibility- whether they are truthful or not.
  • Determines the admissibility of evidence and the weight it should be given.
  • Whether an attorney’s stated objection to something being introduced or considered is legally proper.
  • Whether there is a reason to overrule said objection.
  • How a witness is treated by the opposing attorney.
  • How the attorneys treat one another.
  • Maintaining Order among the chaos that the stress, anxiety and emotion that Court brings out of people.

Judges have a large responsibility and the buck stops with them (…mostly, though Appellate relief may be possible).  Judges are also human (mostly, I think) and have to adjudge your case based on snap shots presented.  Your attorney and your side put a smiley face on your case and a frowny face on the other and the other side does the opposite.  The Judge, after a relatively short amount of time, will then make a decision that could very well impact you for the next 20 years or the rest of your life.

Judges try to get it right and are bound to base their rulings on the law as it currently reads applied to the admitted facts and evidence presented.  Their decision cannot be based on things not “of record,” meaning facts or evidence not introduced, nor can the Judge do what they or you think the law should be, but rather must apply the law as it is.

Matthew Thompson is a Domestic Relations Attorney in Mississippi and like the old saying goes,”A Good Lawyer knows the law, a Great Lawyer knows the Judge!”

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, Divorce, Marriage, Visitation

Best Parenting Advice? Be a Reasonable Parent…All the Time.

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Daily, I am contacted about dilemmas concerning what to do and how to do it regarding parenting?

Can he come to the school program?

What happens if she’s late?

What if…?

The best single piece of parenting advice is;

BE A REASONABLE PARENT ALL THE TIME!

Of course he can go to the school program.  Almost anyone can go to the school program.  It’s a safe bet that if it’s open to anyone he can go, unless there is a valid Court Order stating otherwise.  If she’s running late wait 15 more minutes.  Send a text, or bless-it-be, call.  See why she’s late.  She was late to everything you ever did in 12 plus years of marriage!  Why would it be different now?

What if…? As to “What Ifs?” Ask yourself what would a reasonable parent do.  Read more about the best thing you can do for your child here.

So, invite your ex to the next event for your child.  Go out of your way to be cordial and at least not hostile.  Your child wants them there.  TEll yourself that you are being the “bigger” person, if you have to.  It’s what your children need!

Matthew Thompson is a Family and Child Custody attorney in Mississippi reminding you that acting in your children’s best interests should be your #1 priority!

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

 

 

Opinion

Bathing in Perfume Stinks.

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It’s like a noxious punch to your nose.  Too much perfume.

http://rekedar.wordpress.com/2012/09/21/you-stink-2/

This past Sunday I swooned while in church.  It was not the holy spirit, at least I don’t think so.  It was the elderly lady’s perfume in front of me.  For half of a second it was a mildly pleasant aroma, but then it overwhelmed me, burned my nostrils and stung my eyes.  I felt dizzy.  I could not believe it.

I fanned the fumes with the bulletin.  It was plenty cool so my fanning perplexed those nearby, but not downwind.  I fanned in a vain attempt to return the fumes back towards the source.  However, I am unaware that the culprit ever knew why the mad fanning or even noticed anything askew.  I am quite confident that the offender has lost all sense of smell…and quite some time ago.

As I sat there in waves of agony I wondered what to do.  Say something? But what would I say and what would that accomplish?  Move? I could not. I was trapped.  Why do people wear perfume? You cannot smell it on yourself after a minute and if she was wearing it for me, then no thank you! Pray about it? I did. Sadly this prayer was not answered.

Ultimately I stuck it out. I causally fanned my face so that I could have fresh air. I stuck my nose in the bulletin and breathed in the fumes of the ink, which mildly abated the other. I put my nose in the hymnal and enjoyed the scent of “old book” and I put my nose in the “Good Book.”

Perhaps there was a reason for the assault by aroma…

Matthew Thompson is a Mississippi Family Law attorney in Mississippi and prefers his air fresh.

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

Take Your Kids on Vacation

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It doesn’t have to be expensive, exotic or even annually, but take your kids on vacation.

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Vacation settings allow you to see yet another side of your child. They say funny things, they interact with new people and travel creates memories that you will all have forever.

This is just as important in a divorce setting. Set some time aside and plan an overnighter, weekend or even a day trip. Get out there.

Matthew Thompson
#bowtielawyerms #vacation2014

Child Custody, General Legal, Modifications

Don’t Wait 2 Years.

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All too often I hear from a potential client months or years after an event that they NOW want to use as the basis for a significant change.

The call comes in and goes something like this;

Potential Client:  My ex took our child, moved to California and did not tell me.  She can’t do that, right?  What can I do about it?

Lawyer:  What was the custody arrangement and when was the move?

PC:  She had physical custody and moved 2 years ago.

Lawyer:  What have you done the last 2 years? Have you seen the child?

PC: Oh, I’ve seen her some, around the holidays and the summers, but now I want custody.

Lawyer:  Is the mom unfit? Is the child in danger or trouble?

PC: No, but she took her out of state. That’s kidnapping, right?

It’s not kidnapping and the move will likely not serve as the basis for a custody change with nothing more.  Also, your failure to act in a timely manner will be used against you.  Even though you did not “agree” you’re conduct showed you “acquiesced.”  Acquiesce means to “agree” by being silent or by not taking action immediately, objecting to the change.

It’s not just in Custody matters either.  Marital fault, financial shenanigans and other improper conduct is lessened with time.

Matthew Thompson is a Mississippi Child Custody Law attorney and advises Don’t Delay, Call Today!

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

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Divorce, General Legal, Opinion

Leave Your Guns at Home…

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No.  This is not anti-open carry, which Mississippi allows by the way.  This is about what not to take to Court.

Courthouses are upping safety measures.  As you can imagine, high emotion, high drama and looming consequences are involved in cases daily.  Because of this, safeguards have been and are being implemented throughout Courthouses.  Metal detectors, handhelds, bag searches are routine.  Litigants routinely have to hike back to the car to put up their purses and phones.

Here’s What You Don’t Take to Court:

  • Any weapon. No guns, knives, clubs, mace, etc… if it’s “evidence” let the lawyer deal with it.
  • Cell phone.  The bane of the Judge’s existence these days, most are prohibited by the Court and a few Courts even disallow the lawyers from having cell phones. Very frustrating.
  • Purse. Yes, they are apparently just a large assault bags, full of narcotics and recording devices.
  • Recording Devices.  There’s a Court reporter, unless you have specific permission having a recording device may well get you in trouble.
  • Drinks.  This is elementary.
  • Gum.  This is kindergarten.
  • Your girlfriend.  She will just anger the wife and the judge. No good comes from this.

Matthew Thompson is a Mississippi Family Law attorney and as Johnny Cash sang, “Don’t take your guns to town.”

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

General Legal, Opinion

Vote Early (and vote often…)

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There is a run-off on June 24, 2014.   Up for election are Senators Cochran (U.S.) and McDaniel (State), both vying for the Republican nod for this fall’s U.S. Senate seat and locally, Ronny Lott vs. David Overby for the Madison County Chancery Clerk position.

This election takes place during the Mississippi Bar Convention, which is an annual Lawyer’s meeting.  Mississippi lawyers bone up on recent changes in the law and earn their Continuing Legal Education (CLE) hours and ethics requirements to keep a valid, current law license.

So, if you are going to the bar convention be sure to vote absentee ballot between now and Saturday at noon.  You can vote at your local circuit clerk’s office, M-F 8-5 and Saturday 8-12 noon.  After that you’re out of luck.

Vote early, and as the saying goes…vote often.

Matthew Thompson is a Mississippi Family Law attorney and is voting in the forthcoming election.

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, Child Support, Divorce, General Legal, Grandparent Visitation, Irreconcilable differences, Modifications, Visitation

But, I Cannot Afford an Attorney…Low to No Cost Help is Out There.

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Can you afford an attorney?  More often than not, you cannot afford to go without an attorney!

Oftentimes I hear, “I want the best!

We’re going to take this one all the way!

No, I don’t have any money...”

Having no money is a problem, but more often than not it’s more of not being willing to pay the money you do have.  In Family Law, in all but the rarest of incidences you do not have the right to have an attorney appointed to represent you.  This is a common misconception.  In the Criminal arena you do have the right to an attorney.  While Civil issue may be no less important to you the protections afforded to Civil litigants are typically lesser.

So, what do I do?  If you really have no money there are 3 great resources for Civil Litigants.

  • Mississippi Volunteer Lawyers Project.  MVLP handles civil matters, through volunteer attorneys for low income persons in Mississippi. (Primarily Uncontested Divorces, Guardianships and Expungements, etc…)
  • Phone: 601-960-9577      Fax: 601-944-9678     Email: mvlp@mvlp.org           Jackson Office.
  • Mississippi Center for Legal Services.  Legal Services handles civil matters, through in-house and some volunteer attorneys for low income persons in Mississippi in a variety of Civil matters. (Uncontested Divorces, Adoptions, Name Changes, Disability, Consumer, Education Law matters, etc…)
  • Contact the State-wide Intake Hotline at 1-800-498-1804
  • Mission First Legal Aid.  Missions First uses a combo of in-house and volunteer attorneys, but offers a more limited scope of representation. (Family law matters, Government Benefits, Housing,and  Debt,  but they do not handle divorce cases.) Approached from a mission, christian-based model of service.
  • Legal Aid Office, please call 601.608.0056

Matthew Thompson is a Mississippi Family Law attorney and volunteers with all 3 entities above.

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, Child Custody & Support, Alimony, Contempt, Modification, Adoption, Appeals, Corporate Counsel, Professional Licensure Issues, and Civil Litigation.