Tag Archives: Physical custody

Child Custody, Divorce, General Legal, Visitation

You have the right…to fight…to PARENT your Child!

03/17/2025 BowTieLawyer Leave a comment

Apologies to the Beastie Boys, but as a PARENT you have RIGHTS!

beastie-boys1 — http://publicsf.com/events/fight-for-your-right-a-beastie-boys-tribute-night-feat-felonious-jazz-mafia-dj-cyclofunk-with-videos-from-spike-jonze-tamra-davis-adam-mca-yauch-11697

Mississippi Law provides that you are entitled to your minor child’s records regardless of your Custody papers. This is regardless of the LEGAL CUSTODY and regardless of the PHYSICAL CUSTODY ORDER.

REGARDLESS of CUSTODY!

Miss. Code Ann., Sec. 93-5-26, guaranties non-custodial parent’s right to access to records and information pertaining to their minor child(ren).

“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 appointments. You can get their school records, progress reports and grades. You are entitled to schedules, calendars and to know the events coming up.

Armed with this Statute and a smile, schools and doctor’s offices have no right to refuse you this information. But ask nicely. They are potential witnesses in the future!!

Print YOUR Copy of the Law Here! Miss. Code Ann., Sec. 93-5-26

Matthew Thompson is a Child Custody Litigation & Child Welfare Attorney in Mississippi and wants parents to know their rights and fight for their right to…Parent!

**DO NOT PHYSICALLY FIGHT**

Child Custody, General Legal, Opinion

“Paramount” Physical Custody – we know what it means, but does it “Exist” ??

02/07/2025 BowTieLawyer Leave a comment

I wrote about the weird Custody Bill from this session and it is still alive.

The irony is it’s only triggered when a court awards “paramount” custody to one parent over the other. “Paramount” custody does not legally exist, not in Mississippi Statutory Code.

Paramount is not a commonly used term in custody agreements and does not appear often in reported or appealed cases.

I know a judge who will ignore this law completely as he does not award “paramount” physical custody.

I get the intent of the law, but execution will be misapplied, not applied or create unintended consequences…as words matter in the law.

You can read about the correct words regarding custody here.

Matthew Thompson is a child custody attorney in Mississippi.

Child Custody, Divorce, Opinion, Visitation

True Joint Custody Bill Proposed…UPDATE, it’s DEAD

02/04/2025 BowTieLawyer Leave a comment

Mississippi Courts have not historically favored Joint Custody. A new Bill would require a presumption of Joint Custody is best for a child, that would have to be overcome if a parent doesn’t agree…

Senate Bill 2484 seeks to amend the current custody statute 93-5-24, as follows: “

(2) * * * (a) (i) There shall be a rebuttable presumption that joint custody and equally shared parenting time is in the best interest of the child. If the court does not grant joint custody and/or equally shared parenting time, the court shall construct a parenting time schedule which maximizes the time each parent has with the child and ensures the best interest of the child is met.
(ii) The presumption created in subparagraph (i) of this paragraph shall be rebuttable by a preponderance of the evidence. A court that does not award joint custody with equally shared parenting time shall document the reasons for deviating from the presumption.
(b) Upon petition of both parents, the court may grant
legal and/or physical custody to one (1) parent.”

This is an interesting Bill and in theory how Custody determinations should begin anyway. However, it goes further than current law in creating a rebuttable presumption and then requiring documenting the reasons for deviating from the presumption if the court does not grant joint physical custody and/or equally shared parenting time.

Read more about the current law and Physical Custody here.

Custody Sword-fight; Alternative Dispute Resolution

01/15/2020 BowTieLawyer 1 Comment

A Kansas man filed for Court permission from an Iowa judge to duel his ex-wife (or her attorney) via sword-fight to resolve their ongoing custody dispute.

David Ostrom, 40, of Paola, Kansas, alleged that his former wife, Bridgette Ostrom, 38, of Harlan, Iowa, and her attorney, Matthew Hudson, had “destroyed (him) legally”. Id.

Ostrom argued that the Court had the authority to “resolve our disputes on the field of battle, legally,” noting in his pleading that trial by combat “has never been explicitly banned or restricted as a right in these United States”. Id.

Ostrom requested sufficient time so he could secure Japanese samurai swords.

Ostrom explained his pleading thusly, “I think I’ve met Mr Hudson’s absurdity with my own absurdity.”

Judge Craig Dreismeier responded that a decision would take some time, citing irregularities with both sides’ motions and responses.

“Until the proper procedural steps to initiate a court proceeding are followed, this court will take no further action concerning any motion, objection or petition filed by either party at this time.”

Citing The Guardian.

https://www.theguardian.com/us-news/2020/jan/14/man-requests-sword-fight-ex-wife-lawyer-settle-legal-dispute

Matthew Thompson (601)850-8000

Child Custody, Child Support, Divorce, Visitation

Do NOT Refuse Extra Time with your Child.

02/13/2018 BowTieLawyer Leave a comment

Do NOT refuse extra time with your child.

Both parents say they want physical custody. Both parents say they are the superior parent as compared to the other. One parent is awarded physical custody by the Court. The other parent then refuses EXTRA time, because it would “help” the other parent.

You are wrong. It helps your child. It gives you more opportunity to parent and be with your child. It improves your relationship, creates memories and helps you in the process.

Refusing EXTRA time is petty and can result in resentment between the parents and it makes no sense.

Matthew Thompson is a Child Custody Attorney and reminds parents to always take the extra time.

Child Custody, Divorce, General Legal, Visitation

Child Custody In Mississippi

11/27/2017 BowTieLawyer 3 Comments

There are 2 types of custody in Mississippi Chancery Courts.

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.

Child Custody, Child Support, Divorce, Modifications

Where Does Your Child Live? Child Custody

05/13/2016 BowTieLawyer Leave a comment

“I have Joint Custody.”

confident-father-and-son-duo-gesturing-thumbs-up-100177610.jpg

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, Crime, Divorce, General Legal, Visitation

Guilty of Domestic Violence? = No Custody.

05/01/2013 BowTieLawyer 1 Comment

Divorce, family conflict and high emotion can sometimes lead to domestic violence, and sometimes domestic violence leads to high emotion, family conflict and divorce. In addition to Domestic Violence being a crime, the perpetrator of family violence is presumed to be unfit for custody by law.

shhh

Mississippi Law provides that a parent with a history of family violence shall not have custody. MCA Section 93-5-24 (9) applies to “every proceeding where the custody of a child is in dispute.” The court may find a history of perpetrating family violence if the court finds, by a preponderance of the evidence, one (1) incident of family violence that has resulted in serious bodily injury to, or a pattern of family violence against, the party making the allegation or a family household member of either party. The court shall make written findings to document how and why the presumption was or was not triggered. Miss. Code Ann. § 93-5-24 (9)(a)(1).

Once proof of family violence is offered and findings of family violence is made by the court, the following must be enforced by the Court.

That “there shall be a rebuttable presumption that it is detrimental to the child and not in the best interest of the child to be placed in…physical custody of a parent who has a history of perpetrating family violence.”
That the Court “shall make written findings to document…why the presumption was or was not triggered.”
That the presumption… be rebutted only by a preponderance of the evidence.
That the six factors set forth in the statute be considered in determining whether the presumption was overcome. Miss. Code Ann. § 93-5-24 (9)(a)(iii)(1-6)
- 1. Whether the perpetrator demonstrated that gaining custody …is in the best interest of the child because of the other parent’s absence, mental illness, substance abuse or such other circumstances;
- 2. Whether the perpetrator completed a treatment program;
- 3. Whether the perpetrator completed alcohol or drug abuse counseling;
- 4. Whether the perpetrator completed a parenting class;
- 5. If the perpetrator is on probation, whether he or she is restrained by order, and whether he has complied with conditions; and
  
  6. Whether the perpetrator has committed any further acts of domestic violence.
That the Court “make written findings…why the presumption was or was not rebutted.”
That if both parents had a history of family violence, that custody “be awarded solely to the parent less likely to continue to perpetrate family violence.”
That the Court “award visitation…only if the court finds that adequate provision for the safety of the child and the parent who is a victim can be made.”

It is error for the Court to not address the statutory requirements upon a showing of family violence. Lawrence v. Lawrence, 956 So.2d 251 (Miss. App. 2006).

It is clear that the statute applies to all child custody matters. 93-5-24 (9) applies to “every proceeding where the custody of a child is in dispute.” Id. Additionally, the statute contains no requirement that a party ask for its application. Instead, the statute requires a mandatory duty to make findings as to whether or not the presumption was or was not triggered by the history of family violence. Lawrence v. Lawrence, 956 So.2d 251 (Miss. App. 2006).

Matthew Thompson is a family law attorney in Mississippi and cautions clients that violence makes everything worse.