I’m not talking about playing with your children. Too often I see adults playing games with the other parent’s time. It’s not a game. It’s not really even the other parent’s time. It’s the children’s.
It is also painful when the lawyer is playing games too. Advocating for your client is not making it as costly and long as possible. It’s not arguing over everything. It’s not agreeing to one thing and then doing another.
If this post sounds like you, it’s not too late to change. Be a decent parent. Be a decent lawyer. Be a decent human being. And if you are still going to play games, join a soccer team.
Matthew Thompson is a Family Lawyer and is mildly irritated by people sometimes.
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: BowTieLawyerYou may also contact Matthew with your family law case, question or concern at (601) 850-8000
From swinging key parties to recreational substance abuse, the surprises just keep coming. I am constantly surprised at what “normal” people are doing, even your neighbors.
One way to judge your actions is to ask yourself “Do I pass the SleepOver Challenge?” This simple test is whether you would allow your child to go to a sleepover at the neighbor’s house if they were doing what you were doing.
If you answer “yes,” then a Judge would likely be okay with your conduct (assuming you are in the bounds of societal norms). If your answer is “no,” then it’s time to re-examine what you are doing.
And, if you are engaging in some really bizarre behind closed doors conduct, just disregard this, keep it to yourself and don’t invite anyone for a sleepover.
Matthew Thompson is a Child Custody Attorney practicing Family Law in Mississippi.
Lie Detector Tests and their application in Mississippi Law is limited. The tests themselves are deemed generally unreliable by a legal standard and are not admissible in Court, absent mutual agreement or stipulation otherwise. However, law enforcement relies on them when administered properly. Personally, I have seen testing and the results impact several cases.
First off, What is a Polygraph Test? A test which measures and records physiological indicators such as; blood pressure, pulse, respiration, and skin conductivity, while the subject is asked and answers a series of questions. Wikipedia.
During the actual test only the test taker and examiner are present. The questions asked are typically only a few and they are asked a number of times, the exact same way. There are no surprise questions, no questions that are not rehearsed, and no Lamp Shades.
The test is measuring your involuntary responses and during the pre-test phase you are instructed to lie about an answer for comparison to involuntary responses during the testing.
Despite their limited Courtroom application, law enforcement agencies routinely administer Polygraph tests to suspects of crimes and the FBI uses polygraph testing regularly for not only suspects and witnesses, but also testing their own personnel, staff and agents.
I have used Polygraph testing in several cases where issues involved abuse allegations. In one instance a properly administered and passed Polygraph test helped result in a matter being dismissed by the Court and helped end a criminal investigation and rightly so.
As for the tricks on Ocean’s Eleven on to how to beat the test…well, the FBI tests for counter measures.
Matthew Thompson is a Family Law litigation attorney in Mississippi and encourages you not to lie!
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: #BowTieLawyerVisit 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
I am regularly asked how many cases have I won? Potential clients, non-lawyers, friends and relatives use this terminology. But, winning a case isn’t really about winning. It’s about mitigating damages and liability. It’s about preserving finances and relationships, if possible. A win is really knowing the best and worst case scenario and achieving what you aimed for or better.
When is a win not a win? When you leave a wake of havoc, of hate and a trail of tears.
Unfortunately, some lawyers take this tactic in Family Law. They believe scorched earth is the best and only approach. What they do not tell their clients, though, is that it is really only what is best for themselves, the lawyer. It is best for the lawyer financially, or perhaps they even have a personal animus against the other party or the the other lawyer.
Lawyers, in my experience, do not like to give the tough advice. That the fight is not worth it emotionally or financially. That if you win the other side ends up hating you and will spend the rest of their days waiting for you to mess up so they can pounce upon you.
The win at all costs approach results in frivolous filings, extreme delay, and angry judges. The overwhelming “win” results in an appeal, bar complaints and ultimately you may well lose in the end.
A Win is really not being unpleasantly surprised in the end result. A win equates with maintaining your relationships with your children and immediate family and having the means to provide a satisfactory life.
Matthew Thompson is a Divorce attorney and advises his clients when a win is a win and when it is not.
Follow the blog: #BowTieLawyerVisit 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
Oftentimes we think a new year is a new beginning, or at least it should be. But, alas, people will constantly disappoint you…
More Bad Parenting:
Refusing to allow the other parent to SPEAK to the child. Literally interfering with phone calls, turning the phone off and lying about not knowing why they “don’t ever call.”
Calling when you know they are unavailable. Well, at least you called, right? We know when they are at work, or driving through the dead zone between here and Mobile. Call then, don’t leave a message.
Waiting until you find out the plans the other parent made and then making your own to conflict with them being able to pick-up or drop-off and still keep their plans. How clever.
The Other parent finding out the child is on an out-of-town trip with another family after the child has left. Pay no attention to Joint Legal custody requirements. It’s all about your convenience. It was a free trip. Last minute even. Who has the time to inform the other parent?
Not giving them gifts from the other parent. They took the time, effort and thought to provide a present and you forgot it in the trunk and, well, that’s not your problem…
Not listing the Other parent on school and medical forms. That will show them. They are not a “real” parent.
Matthew Thompson is a Child Custody attorney and warns that Judge’s don’t appreciate this garbage.
Follow the blog: #BowTieLawyer #Thompson Law Firm. You may also contact Matthew with your family law case, question or concern at (601) 850- 8000 or Matthew@bowtielawyer.ms
Family Law areas defined for you. There is a lot of legal terminology used everyday that we attorneys take for granted that everyone knows what they mean, but that is not always the case. Here are a few of the major areas of family law, the simple explanations and links to more information.
Stuart Miles /freedigital photos.net
Divorce– the legal and final end to a marriage, a.k.a. “a conscious uncoupling”
Additional practice areas will be featured and defined throughout the year.
Matthew Thompson is a family law attorney and handles a variety of family law legal matters.
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