Posts Tagged ‘case’

Mississippi Child Custody Factors: Financial Situation of the Parents

Friday, March 23rd, 2018

One of the worst-kept secrets in the world is that kids are expensive. They break stuff, get sick, and outgrow clothes faster than you can buy them. In child custody cases, the court will take into consideration the finances of the individual parents, not because affluence counts higher in favor of custody, but that the ability to provide for that child is extremely important. This is not to say that the parent with the most money wins. It means that if one parent is totally broke, then they will have an uphill battle in showing the rest of the factors weigh in their favor.

Parents in a good financial situation will have an easier time showing that they can provide for the child, and possibly to spoil them to some extent. Spoiling does not mean turning the child into Veruca Salt from Willy Wonka and the Chocolate Factory. Spoiling means being able to buy the child a new bike, a baseball glove, and send them to college. A good financial situation also means that the parent can provide the child with a great place to live and can afford utilities without having to worry.

Courts may also look at the parents’ financial situations by seeing if the parents are responsible with money. Credit card debt, crazy investments, and buying clothes and jewelry beyond your means will lead a judge to believe that you have trouble limiting your spending, which can adversely affect the child. A parent who can show that they have their finances under control will have the upper hand regarding this factor of a child custody determination.

This factor is one that often confuses and scares clients that come into our office. Often, these are the parents who acted as a homemaker during the relationship or who never completed school because of childcare. The financial situation of the parents does not mean that the parent who makes more money will automatically win. It is simply one factor that can help a chancellor make their decision. Taking care of a child takes a responsible person, and one of the easiest ways to show your responsibility is to prove that your financial situation is a good one for the child to grow up in. If you have a question about your child custody case, call the Law Office of Matthew Poole. We love helping people take care of what is important to them, and would love to help you too.

Mississippi Child Custody Factors: Stability of Parent’s Home and Employment

Sunday, March 18th, 2018

Stability is one of the most important things in the raising of a child. Kids have it tough, and having a stable home gives them one less thing to worry about. As such, in custody cases the court will take into consideration the parents’ abilities to provide a solid place in which to raise a child. Kids are also expensive, so the stability of employment will also be examined, as stable employment means steady money coming in to support that child.

There are several indicators of stability of a home environment that can help a court make this determination. If one parent has lived in the same place for an extended period of time and the other has moved a high number of times, it would appear that the child would have stable, predictable housing. Stability can also come from routines within the household. If one parent can show that while in their care the child goes to bed at a reasonable hour, gets three squares, and brushes their teeth twice a day, that would show to a chancellor that the home is stable.

The stability of the home can also encompass other things, such as substance abuse or violence. A parent who has had issues with drugs, becomes intoxicated often in the presence of the child, or has frequent guests who do these things will have a tough time winning this factor in a child custody case. Violence toward others, especially to the child, will also give a judge concern with giving custody to that parent.

Firmness in the parent’s employment will also be examined in child custody cases. Much like when a boss is looking at an interviewee’s resume, a judge will be concerned if one parent has been terminated from several jobs recently. On the flip side, if one parent has held down the same job or has received promotions at work, that parent will be viewed as the more able to provide for the child.

Children have an absolute need for stability. They are going through life and learning along the way, and knowing their home environment will be the way it is gives them more ease. With stability, kids are free to devote their time and energy to doing things that kids should be doing. Firmness in the home and employment is one of the most important things you can show to a court in a child custody case. That shows that you can use your time and energy to being there emotionally for the child instead of having to worry about shelter or a paycheck. If you or someone you know has a question about your child custody case, call the Law Office of Matthew Poole. We are knowledgeable about these cases, and will give you an honest answer.

Minimums and Maximums in a Child Custody Case

Thursday, January 4th, 2018

First of all, our office would like to wish you and your loved ones a happy New Year, and we hope your holiday season was a time of relaxation and fellowship with those you care about. The beginning of the year is naturally a busy time for our office, as we receive many calls from both existing and prospective clients reenergized from vacation to pursue their domestic case. When going through a child custody case, there is obviously a minimal and a maximum effort you can put forth. Our office feels that clients should know what these two efforts look like in order to know that their case is being handled with the correct level of diligence.

As you can probably guess, the minimum effort required in a child custody case is filing a petition for custody and a motion for temporary relief. Filing the complaint starts the process, and a temporary hearing is where the judge awards or denies relief and sets forth an order for the parties to abide by until that temporary order is replaced by a more permanent one after the case has been fully heard. Sometimes, this is all effort required, as the parties may find it easy to obey that court order and see no reason to go back to court. However, this is the exception and not the rule. Putting forth full effort in a child custody case requires diving into the discovery process with both feet forward. This starts with the issuance of interrogatories, requests for production of documents, and the noticing of depositions.

Interrogatories are questions about the subject matter of the case that the other side has 30 days to answer in writing. These questions often relate to witnesses, employment of the responder, and explanation of claims found in pleadings. Interrogatories lay the groundwork for a child custody case, and so issuing them is a step in the right direction of pursuing a custody case. Listing witnesses is especially important, because if you do not list a potential witness, that person cannot testify at trial.

Discovery also includes requests for production of documents. The documents sought in this phase of discovery will provide the bulk of the evidence used at trial. These requests often asked for are financial documents such as bank and credit card statements, utility bills to show expenses, and tax returns. Many clients often express reluctance in producing these documents, however an important part of a child custody case is showing that you are able to financially provide for that child. Like witnesses, requesting and disclosing proper documents is very important, because you will waive your right to use them at trial if you do not.

Another helpful discovery option available to you is the well-known tool of a deposition, which is a scheduled interview with the other side in the presence of a court reporter. The advantage of conducting a deposition is twofold. First, it helps your attorney gauge the other side’s reaction to a question in real time, as the other side has no time to prepare an answer as in written discovery. Second, it helps to nail the other side down to a narrative of their case. That story must either be adhered to or later contradicted, which can call into question that person’s credibility.

As with many things in life, in a child custody case you can either put forth the minimum effort required or go beyond that. It may be that filing a petition and a temporary order works out for you and gets you the relief you seek. However, life is messy, and cases as volatile as child custody will most likely require more effort. Engaging in discovery and applying pressure to the other side to match your effort is the best way to come out ahead in a child custody case. If you have questions about what should be done in your child custody case, call the Law Office of Matthew Poole. Our office has the knowledge and experience to give you a complete and honest answer to any domestic law question you may have.

Questions for Your Attorney? Ask Them!

Thursday, December 21st, 2017

A lawsuit can be a confusing process for someone who has never been involved in one. They involve a language totally different than the everyday vocabulary of most people. Attorneys usually expect questions from clients because of the large amounts of questions they themselves had at the outset of their career. Divorce lawsuits are especially stressful, as they delve deep into some of the most well-guarded areas of a person’s life. Knowing what questions to ask your attorney can help very much in cutting that stress down, and to help you make sure your case is in good hands. Here are some examples of questions you should be discussing with your attorney.

Question #1: Have you issued discovery, and what did that discovery request?

Discovery is the part of the lawsuit where attorneys send requests for information to the opposing side to be answered. This often involves interrogatories, which are questions about the case to be answered, and requests for production of documents that may be used as evidence at trial. Discovery is an extremely important part of a lawsuit, as it gives a party the time to possibly object to some requests and to carefully build their case. Asking about the issuance and substance of discovery is a way for you to make sure that the attorney you hired is taking the right steps to build your case.

Question #2: What was included in the pleading?

Pleadings are how you ask the court for the relief you want, and therefore should be done with care and should include every remedy possible. For example, there are twelve grounds for divorce in Mississippi. Asking questions about those grounds can help your attorney know what grounds you may have, which will therefore help in crafting the best pleading possible for your case. It’s your story, so help your attorney tell it.

Question #3: What witnesses should I call to help my case?

The answer to this question from an attorney will most likely be “it depends.” Witnesses may testify to things they have personally seen or heard as well as things told to them. You know better than anyone the people in your life who may be able to help present your case, and your attorney’s past experience may help in discovering other potential witnesses as well. One witness’s testimony can be a huge difference-maker in a domestic case.

Question #4: What documentary evidence should I produce?

One question our office receives from clients almost without exception is “What do you need from me?” This often depends on what the other side asks you to produce. In domestic litigation, common documents requested involve finances and contact between a party and their spouse or child. Your attorney should know what document requests you can object to and which ones you will most likely need to produce to the opposing side. These documents will be the foundation of your case, and you should ask your attorney their plan for building that foundation.

Question #5: What things specific to my case can we ask the court to order?

Every situation in domestic litigation is different, as the experiences, wants and needs of different families intersect in each case. You should be asking your attorney what you could possibly ask the court to order that helps you in your situation. The attorney’s role in this is twofold: the attorney should have a basic idea of what the court will or won’t order while also offering a less emotional presence making the request. When a decision affects your family, you want to make sure it is the right one.

Your attorney’s role in your lawsuit is to help you navigate the rules and procedures of a lawsuit, and asking questions can help you give your attorney all the help they need in building your case, as well as making sure your attorney is properly representing you. Lawyers expect those questions, so ask them! Many lawyers will either know the answer, or admit that they don’t and will find you the answer. In lawsuits, the right questions can be the difference between a good result or a bad one. If you have questions about your domestic case, call the Law Office of Matthew S. Poole. We will be glad to help you in any way possible.

How Long Does a Mississippi Divorce Really Take?

Friday, December 1st, 2017

One of the more common questions about divorce in Mississippi is a totally understandable one: how long does it take? Clients are often surprised at how long their cases last, especially when in their minds it is clear that divorce will only benefit everyone involved. The answer to the question of length of a divorce case in this state is often the classic lawyer reply of “it depends.” This is an honest answer, as the length of a divorce can be fast or slow depending on many different things, and a major part of the process is the client’s proper understanding of the fickle nature of time in a divorce case.

As we have talked about elsewhere on our website, there are two ways to get a divorce in the Magnolia State. One is an irreconcilable differences divorce, sometimes referred to as a “no-fault” or “agreed to” divorce. In an irreconcilable differences divorce, much of the timetable for the process is the 60-day waiting period required after the filing of the complaint. After that period, assuming that the parties still agree with the terms of the split, the final judgment need only be signed by a chancellor of competent jurisdiction to be final.

The other way to get divorced in Mississippi is through a lawsuit, which has a much more volatile timeline than an irreconcilable differences divorce. Lawsuits involve filing pleadings, serving process on parties, and getting discovery requests out, and that’s just to get started! After the suit is initiated, it is likely that several court appearances will be needed to properly address the claims. These hearings take place for a number of reasons such as obtaining temporary relief, compelling documents that were properly requested but not produced, or asking for a continuance. Once you combine these hearings with crowded court dockets, the timetable for a divorce can be a total mystery, even to experienced legal professionals.

The process of a lawsuit is unfamiliar territory for many clients. Ideally, every stage of a divorce would occur without incident and on time, and divorces would be faster and easier to obtain than they are. However, much like life and marriage, divorce is a complicated issue with many variables at play. Combining two parties, the lawyers, the court system, the schedules of everyone involved, and possible mishaps during the lawsuit makes a natural cocktail for a wait that seems like forever. In a time where people desire concrete answers to questions, there simply is not one with the amount of time a divorce lawsuit takes.

Almost without exception, divorces are expensive, stressful, and, above all, time-consuming. When you add the client’s desire to get a divorce and be done with the experience, the process becomes even more of these things. Our office believes that clients should know the dedication and time that a divorce may require, so that they do not feel like they are in the middle of the ocean without land in sight. This is of course not the answer that many seek, but we firmly believe that in situations like divorce that honesty is truly the best policy. If you are in need of help through a divorce, please call the Law Office of Matthew S. Poole to schedule a consultation.