Tag Archives: alienation

R. Kelly; Singing the Blues?

Robert Sylvester Kelly, better known as R. Kelly, has been sued in Hinds County, Jackson, Mississippi.

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Kelly, a singer, songwriter, record producer, and former professional basketball player, is the named Defendant, along with his professional entities, in a pending Alienation of Affection lawsuit. The suit was filed by a Hinds County Sheriff’s Deputy, Kenny Bryant.

Bryant alleges that R. Kelly interfered with Bryant’s marriage relationship ultimately alienating his wife’s affection from Bryant.

Alienation of Affection is a Mississippi common law tort. That means it is a civil wrong, based on case-law and not a statute.

Alienation of Affection claims allow the wronged spouse to sue the “significant other” of the guilty spouse for the breakdown of the marriage.  There are only 6 states in the country that still recognize Alienation, but Mississippi is one of them and in the 1990’s our  appellate Courts reaffirmed Alienation as alive and well in the Mississippi legal system.

Alienation of Affection requires;

1) Wrongful Conduct, ie: adultery;

2) Loss of Affections, meaning there was a good relationship prior to the wrongful conduct; and

3) Causal Connection linking the Wrongful Conduct to the actual Loss of Affection.  All 3 must be present for a viable claim.  There is a 3 year statute of limitations in which to bring the claim, beginning when the loss of affection is finally accomplished.

Even if the above can be shown it does not mean that the Plaintiff wins. A jury would then decide a money value on the “damages.”  That is a hard figure to quantify.

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Influencing Your Child (negatively) does NOT make you a good parent.

Little Johnny will say just about anything…

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Tears at the custody/visitation exchange are normal. Usually, 5 minutes after the exchange all is back to normal. The tears do not mean that they genuinely fear the other parent, or worse, or that they only want to be with just one parent.  They are a child.

As a parent of that child your primary responsibility should be to comfort the child! You should not make the situation worse by being pouty, confrontational or making statements that inflame the situation. You should not toy with the child’s emotion on whether they can stay just a  little while longer.

Instead you should fake happiness for the child that they get to spend time with the other parent.  For example, “Look Little Johnny, mommy is here. You and mommy are going to have so much fun and I’ll see you again real soon!” Do this while helping the child get in the car and make sure he or she has their stuff.  That’s it.

That’s how exchanges should go. If you, as a parent, are not helping, then you are the problem. Try to ease the anxiety for your child. Put your own selfishness aside and stop the hate of the other parent for about 3 minutes.

Getting your child to tell the other parent what “they” want, when we all know it’s really what you want is damaging as well. It’s not an accomplishment to get a child to say something. It’s easy. What apparently is not easy is being a decent human being. Try it. You may just have a happier child and a happier life.

Matthew Thompson is a Child Custody attorney and advises his clients to do the right thing and what is best for the child EVERY time.

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

Get Off the Crazy Train, NOW!

Divorce can make you crazy.

The process is hard, confusing, emotional, and sometimes contrary to common sense.

It can be easy to lose yourself in the emotion and overreact. Don’t. Think before you act. Respond deliberately in a fashion calculated to help your case, your kids and ultimately yourself.

I have seen the Crazy Train too often. It always, always goes off of the rails. I have seen the horrible FaceBook postings about this parent and that parent. I have seen the game playing of bad mouthing one parent to school officials or friends. I have seen improper papers delivered demanding this result or that result. I’ve seen parents manipulate a child to fear and loathe the other. I have seen the schedule used to interfere with the other parent’s time.

Get off the Crazy Train NOW.

Matthew Thompson is a Divorce and Child Custody Attorney in Mississippi, the Hospitality State, and recommends you get off the crazy train.

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