Tag Archives: child custody

Child Custody, Divorce, General Legal, Visitation

Child Custody In Mississippi

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There are 2 types of custody in Mississippi Chancery Courts.download.jpg

  1. Legal custody refers to the decision-making rights regarding your child’s health, education and general welfare.

Legal custody, most commonly awarded as “Joint Legal Custody,” requires that each parent keep the other parent reasonably informed of the child’s goings on. This includes not only health, education, and general welfare, but also school and activity schedules, medical appointments and any major matter regarding the child’s life

It requires that parents communicate and cooperate when it comes to making decision about the well-being of the child. It certainly includes informing the other parent if a move is anticipated.

Legal custody includes sharing the status of the child’s well-being and location in emergency situations.

If there is going to be a fight in a custody case it will be over Physical Custody.

2.) Physical Custody is different than Legal custody. Physical custody concerns which parent has actual, physical possession of the child.

Within Physical custody there are officially only 2 types;

1) Joint Physical custody which by statute means each parent spends a significant portion of time with the child (though it does not have to be 50/50); and much more common is the second type

2) (Sole) Physical custody to one parent, subject to the other parent’s visitation. This is far more common in Mississippi.  A lot of your Agreements may have the term “primary” in the physical custody language and some Judges even insist that it be specified, but “primary” has no statutory significance, meaning it is not a term that carries legal meaning.  Lawyers, including myself, still use the term however.

If the parents cannot agree on Custody the Court will conduct what is known as an “Albright Analysis.”  Albright v. Albright, 437 So. 2d 1003 (Miss. 1983), is a Mississippi case from the early 1980’s that lists 13 factors that the Court must consider when making an initial custody determination.  The specific facts of your case are considered as they relate to each factor and the Court makes a determination as to which factor favors which parent. The Court also determines how to weigh each factor. For instance, the sex of the child while considered, will likely not count as much as the continuity of care for the child. The paramount consideration is “the best interests of the child.”

A court determines that by looking at the following factors:

1.       Age of the child.

2.       Health of the child.

3.       Sex of the child.

4.       Continuity of care prior to the separation.

5.    Which parent has the better parenting skills and the willingness and capacity to provide primary child care.

6.       The employment of the parent and the responsibilities of that employment.

7.       Physical and mental health and age of the parents.

8.       Emotional ties of parent and child.

9.       Moral fitness of the parents.

10.     The home, community and school record of the child.

11.     The preference of the child at the age sufficient to express a preference by law. (Must be at least 12, and it’s ONLY a preference)

12.     Stability of home environment and employment of each parent.

13.     Other factors relevant to the parent-child  relationship.

For additional information please click Dads Have Rights Too!

**Note, marital fault should not be used as a sanction in custody awards. Relative financial situations should not control since the duty to support is independent of the right to custody.  Differences in religion, personal values and lifestyles should not be the sole basis for custody decisions.

Matthew Thompson is a Child Custody attorney in Mississippi and will fight for your custody and visitation rights.

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Child Custody, Child Support, Divorce, Opinion, Visitation

Super Parents Parent Superly

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With an exciting Super Bowl in our immediate rear-view mirror, what better time is there than to remind ourselves to be super parents?

Fortunately, being a super parent does not require that you be a perfect parent. As we all know, “Excellence does not require perfection.” – Henry James

Super Parents _______ the child(ren).

  • Support and encourage
  • Spend time with
  • Invest in the child’s life
  • know who the teachers, friends and other important people are
  •         Encourage a great relationship with the other parent
  •         Lots of other things, too.

Matthew Thompson if a Child Custody Attorney in Mississippi and encourages you to be a super parent, even if the other parent is not.

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Child Custody, Divorce, Grandparent Visitation, Visitation

“Sir, Yes, Sir.” The Military is Respected in Custody Courts.

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Our Military service personnel deal with serious family law issues which can be made more difficult due to their military service.  Being subject to activation, deployment, required training, frequent moves and dangerous activities add to making circumstances more difficult.

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However, Mississippi has specific protections for military parents.

 MCA 93-5-34, provides an efficient process to resolve custody matters when dealing with a military parent.  Upon such circumstances of a custodial parent serving, the statute provides that the other parent will have custody, but that custody ends within 10 days of the former custodial parent returning from service.

Additionally, it provides that the serving parent shall have reasonable access for phone and video visits.  The deployed member may also delegate visitation to their own family members.  These types of military custody cases receive priority by the Courts to be heard and the serving parent may “attend” via affidavit or electronic means where possible.

Lastly, a parent’s service cannot be used against that parent upon their return for a custody modification by the other parent.

Matthew Thompson is a Military Divorce Attorney in Mississippi.  

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, Child Support, Divorce, Modifications

Where Does Your Child Live? Child Custody

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“I have Joint Custody.”

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I hear this often,”…but I have Joint Custody!” However, the Court Order determines what you have.

There are 2 types of Custody in Mississippi Law. Legal Custody and Physical Custody.

Legal Custody is the decision-making right regarding the child related to their health, education and general welfare. It requires the parents to keep the other reasonably informed of the child’s goings-on.  It is commonly Joint Legal Custody, but this has no bearing on the schedule.

Physical Custody is where the child resides on a primary basis. Within Physical Custody there are typically 2 types. 1) One parent has Physical Custody subject to the other parent’s rights of visitation, or 2) Joint Physical Custody. Joint Physical Custody does not require it be a 50/50 time split, however it is defined as each parent spending a substantial amount of time with the child.

Joint Legal allows access to information and creates an obligation for consultation regarding issues concerning the child. Joint Physical is “Joint Custody.”

Matthew Thompson is a Mississippi Child Custody attorney.

Follow the blog: BowTieLawyer  You may also contact Matthew with your family law case, question or concern at (601) 850-8000

Child Custody, Divorce, General Legal, Marriage, Opinion

When is Perjury allowed?!?

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I hear this often. “I don’t lie to my kids.”

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This is said shortly after one party disclosed the dirty details to the child regarding the other parent.  Followed by the statement, “they have the right to know.”

  1. They do not have the Right nor need to Know.
  2. This is never appropriate. Never. Never to a young child. What about when….? No. Never.

But what about that parent, with their righteous indignation, who says, “I do NOT lie to my child?”  My response?  “What about the Tooth Fairy?

I get a blank stare.

We lie to our children all the time  A LiveScience.com article stated it better, “Parents Lie to Children Surprisingly Often.”  This article concluded that parent’s lie to protect their child and lie to preserve some semblance of innocence and childhood for their children. These are all good things.

The Tooth Fairy question gets that indignant parent every time. There is no good reason to “tell all” about the other parent’s misdeeds.  You should be telling them that “mommy” loves them very much. When the kids are older they will realize the truth and appreciate you all the more for allowing them to have a childhood and to love their other parent, even if the other parent did not deserve it.

Back to the title. When is Perjury allowed? It’s Not. It was just click bait.

Matthew Thompson is a Child Custody Attorney in Mississippi and believes sometimes lying to your children is in their best interests.

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, Visitation

Bacon, It’s What’s for Dinner

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I am frequently asked about things a divorced parent can do during their weekend with the children.

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It’s easy to run out of things “to do.” And the constant eating out, movies and going to the store can get expensive. Quickly! Here are a few things that you can do;

  • Eat Backwards, dessert first is always a treat.
  • Children’s Museum/Science Museum
  • Park/playground
  • Church Events
  • Neighborhood events
  • Play dates with friend and their parents
  • Picnics
  • Kid’s Eat Free Nights at area restaurants
  • Quiet nights at home
  • Popcorn parties
  • Celebrate Holidays you don’t “get.” Literally, Christmas in July.
  • Camping Out, even if just in the backyard.
  • Breakfast for Dinner, a time-honored tradition.

You are only limited by your imagination. Having all the money in the world doesn’t make you a great parent. Making the most with the time you have does.

Matthew Thompson is a Family Law Attorney and advises his clients to make having a great relationship with your children priority #1.

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.

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Child Custody, Child Support, General Legal, Opinion

Family Law Bill of the Day; What Are They Thinking

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Yesterday was about a proposed change in Fault Grounds in Mississippi law. Today is about a far different change…

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House Bill 714, hb0714in, seeks to declare a presumption that a child’s best interests is NOT served by being placed in the custody of a homosexual person, even if it’s the biological Parent.

Regardless of one’s political and/or religious views this would create significant problems in the law.  The law currently recognizes a concept called the Natural Parent Presumption.  This means that a Natural Parent is the best parent to raise their own child as they deem best.  This is well founded, accepted law. Additionally, you have a Constitutional Right, as a parent, to raise your child as you best see fit, assuming you are neither neglecting nor abusing your child.

The problem that HB 714 creates is that it will in fact require a Court to conclude that a parent is presumptively fit and unfit if that parent was the natural parent and homosexual. It ignores the fact that a homosexual can be a biological parent triggering the Natural Parent Presumption, it creates a presumption of unfitness based solely on sexual orientation with NO criteria of whether that parent “acts” on said orientation and it provides no litmus test for homosexuality. This also ignores the fact that a Court may already consider the morals of parents and take that into considerations when determining Custody. It assumes bad parenting when there is no reasonable basis to do so (Click for Real Bad Parenting).

This appears, at best, to be election year pandering and, at worst, an unconstitutional restraint on a Parent’s Right to Parent. This would not withstand a Constitutional  challenge, in my opinion. And, is another reason that MS will catch ridicule as being so Heavenly Focused that we’re no Earthly good.

Matthew Thompson is a Child Custody Lawyer in Mississippi and believes that the Albright Custody Factors allow for the Court to consider ALL issues that the Court deems necessary to determine custody of a child- and that’s a fact!

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.

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Child Custody, General Legal

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

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

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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