Tag Archives: modification

When Court Doesn’t Go your Way…

Sometimes Court doesn’t go your way.

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Judges make mistakes, witnesses remember it wrong and you may ask for improper relief. But, all is not lost. You have options.

Motion for New Trial. This motion, sometimes referred to as a motion for reconsideration, can provide an avenue for the Judge to correct the mistake. They must be filed within 10 days of the Final Judgment and they are not for a do-over, but to correct a clear error of law or fact.

Appeal. You may appeal any Final Judgment. You have 30 days to do so from the final ruling and if you do a timely Motion for New Trial it resets the appeal clock. Appeals can be cumbersome and daunting. These are to the appellate court, not the Court that decided your case. However, an appeal is based on what happened below, the trial record. It’s not for new happenings.

Modification. Even though your judgment may be final, certain aspects are always modifiable. Custody, support, visitation and certain other payments may be changed by the Court if circumstances warrant it.

Matthew Thompson is a Divorce and Appeals lawyer in Mississippi.

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Family Law Practice Areas…defined.

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.

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  • Divorce– the legal and final end to a marriage, a.k.a. “a conscious uncoupling”

Fault Process and “No-Fault” process.

  • Child Custody– determination of the custodian(s), visitation schedule and important decision making for a minor child.
  • Child Support– who pays, how much and for what.

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

Don’t Wait 2 Years.

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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