Posts Tagged ‘custody’
Thursday, February 21st, 2019
Most people seeking divorce are
surprised at the complexity and cost associated, particularly when
assets and child custody issues are hotly contested. One thing I
have learned in 15 years and 1,300-ish domestic cases later is that
clients will either be an asset for fair resolution or they will get
in their own way to the extent of holding up a fair and final
resolution for them and their children. My goal here is to help you
the former and avoid being the later……even if the advice isn’t
exactly what you wanted to hear.
Let’s start by starting some fairly
obvious things you may need to be reminded of. First, never forget
that marriage is a partnership, and our state begins any divorce with
the notion that what is yours is his and vice versa. It is not to
far different than a business partnership for the purposes of our
discussion.
Secondly, Chancery Court judges do not value a litigant who comes across as angry, vindictive, or belligerent. To put it lightly, your testimony will be tainted as long as those attitudes persist. Coming across as the nice person you hopefully are will go further than you might think. A courtroom will never be a sparring match where overt aggression is effective, although there is a time and place for heavy-handed techniques. Trust your lawyer and avoid being the bad cop.
Third, do not assume that the court is
familiar with every facet of your case. Specific evidence, be it
documentation, witness testimony, an object, even your own diary need
to be presented in a clean, thorough and articulate manner or expect
that they are unknown to the judge. Keep in mind, hundreds of cases
are on their docket at any given time.
Now the biggest and best for last. This tip is so important and also the most overlooked, largely because it is so very counter intuitive on its face. This tip is rooted deeply in basic human psychology, difficult to carry out, and may even require a degree of acting on your part.
So here it is after much
adieu……..NEVER, EVER let your spouse know how badly you want out.
They will expect you to give up more and take less. They will smell
blood in the water and become a shark. Avoid this trap and you won’t
have to “buy” your way out of an unhappy marriage. This is tough
to execute, but trust me, it works.
Matthew Poole General Biography,
2019
Matthew has lived in the Jackson area
since 1989 and is an honors graduate of Jackson Preparatory School,
Millsaps College Political Science Department as the recipient of the
Second Century Scholarship, and the University of Mississippi School
of Law. At Ole Miss, he was named Finalist of the Steen, Reynolds,
and Dalehite Trial Competition in 2003.
He began his legal career at the
Mississippi Attorney General’s Office in 2004 after graduating from
Ole Miss Law and served in the executive division as a policy advisor
to Jim Hood and assisted in formulating Department of Human Services
practices and procedure as well as administrative procedures in the
areas of civil and insurance related litigation.
After leaving government service, he
spent 2004 and 2005 serving as associate trial counsel at Wilkins,
Stephen’s and Tipton and represented Medical Assurance Corporation,
G.E. Medical Protective Corporation, Merck Pharmaceuticals, and
GlaxoSmithKline Corporation.
Matthew opened his domestic litigation
practice in 2005 and has taken over 300 domestic cases through final
trial. He has been named a Top Ten Mississippi Domestic Attorney
twice since 2014. He has been honored to serve as Justice at the
Mississippi College School of Law’s annual Copeland Cook Taylor and
Bush Moot Court Competition on several occasions.
Matthew has a nine year old son, Lucas, and is particularly focused on custody matters and modifications as well as contempt issues that are associated with them. He is passionate in advocacy for single parents and children who are the victims of abuse and neglect.
Tags: custody, Divorce, divorce advice, divorce laws
Posted in Messy Divorces: A Few Tips and One BIG Key | No Comments »
Thursday, January 24th, 2019
Michael Louvier, J.D.
As of
last week my son Nick is a student at Mississippi State and my wife
and I, and our entire family for that matter, could not be more proud
of him. It is a time that we have experienced before with my
daughter, Amy, in 2012, and so maybe we have some perspective on this
transition. The family dynamic has changed, of course, as our last
child is now “living on his own”.
The
family finances have, also, changed; what with another rent payment,
new utility bills and the other costs that come with a child “living
on his own”. Factor in the books, extra fuel associated with
travel, food, lab fees, parking fees, fraternity or sorority dues,
etc. etc. All of this and I haven’t even mentioned the most
important cost factor: TUITION. Suffice it to say that the tuition
and all of the other expenses related to attendance at a four-year
university is quite high.
This
type of transition can be a very stressful and expensive time for all
families. For parents of children whose families are divided by
divorce or other circumstances, this new chapter in your life and,
more importantly, the life of your child, will be exciting,
stressful, and expensive, of course. And so the “million-dollar
question is: Who pays for all of this? (It’s not quite a million
dollars – it just feels that way).
Whether
the parents are no longer married or were never married it should be
obvious that a Court Order is best source for guidance on this issue.
However, absent specific language in the judgment, this remains an
unanswered question. This is not a simple “child-support”
matter. Many divorces are settled out of court with the parties
agreeing to matters of child custody and child support being
contained in a Marital Dissolution Agreement a Property Settlement
Agreement. Unfortunately, many of these Agreements do not speak to
this issue within the “four corners” of the document. Still
others include a generic mention that “non-custodial parent will
pay for college” or some equally vanilla and non-descript language.
Perhaps
the Agreement was prepared when the child was very young and college
was not being contemplated yet. Or maybe it was simply assumed that
the parents would “share” these costs and therefore no language
about college was included. Whatever the case may be, a child’s
decision to go to college may be considered “a material change in
circumstances justifying child support modification.” See Lawrence
v. Lawrence, 574 So2d 1376 (Miss. 1991).
Another interesting and more recent case is Harris
v. Porter decided by the Mississippi Court of
Appeals in 2016. In Harris, a modification of child support was
granted after a showing that the child “clearly showed aptitude for
and the potential to benefit from college according to her
high-school record” and the father was financially able to help
with college expenses.
If you
don’t yet know who has to pay, for whatever reason, you should do
everything you can to completely identify how much and then try to
reduce that amount.One
very helpful organization is Get2college.org. There you will find
useful information and specifics about the school that you are
planning for and the availability of ACT prep courses and study
materials. You will also find help with completing your FASFA (Free
Application for Federal Aid). You will also want to visit
studentaid.ed.gov. It is worth your time and effort to visit these
sites in an effort to get any and all the help that is out there for
your child.
Your
student has some accountability in this also. The higher the GPA,
the more scholarships and grants that you may qualify for. Also, a
higher ACT score will not surprisingly increase these awards for your
student. Remember that the Court in Harris
v. Porter used the child’s high school
record to determine her aptitude for college. Can we, therefore,
assume that if the child had poor grades and a low ACT score that
they would not have ordered the father to pay for the costs
associated with college? Hard to say, but the Court’s decision was
made easier by the high marks earned by the student.
Be
happy for and proud of your child for wanting to go to college in
spite of the financial burden. Educate yourself about the costs
associated with this next step in your child’s life. And seek the
guidance and assistance with aid, grants, and scholarships available.
In this instance, knowledge truly is power.
Michael Louvier is a graduate of Mississippi College School of Law (1994). He has been married for 28 years (Tammy) and they have 2 children (Amy, 25 and Nick 20).
Tags: Child support, college expenses, custody, Modification, support obligation
Posted in OUR CHILD IS GOING TO COLLEGE! WAIT…WHO’S GOING TO PAY FOR THIS? | No Comments »
Thursday, August 9th, 2018
Let me start by stating what is too often overlooked: there are not extremely obvious answers or simple solutions in child custody battles. In my experience having taken several hundred custody and visitation disputes to trial, I have learned a few things that could potentially help a litigant in these stressful cases.
My intention is simple today: to bring basic common sense into the murky water of domestic custody disputes. The myth is this: the worse I make the other parent/ex/spouse appear, the better I appear to the court. Not so fast, as we shall see.
Once upon a time I had a client who was probably, but not certainly, the better parent when compared to her husband, but she made a relatively simple custody victory elusive by getting in her own way….it often happens. When testifying about the parenting skills of her husband (who sought full physical and legal custody of a 6 year old little boy), she would instantly and consistently revert to name-calling and bashing the man she married years ago. Most of her testimony focused on his numerous affairs, not his skill in parenting. He was far more collected and even-tempered than she. He did in fact have several admitted extramarital affairs, and she clearly was not past any one of them. Her wounds were simply too fresh to focus on her child. To him, her insults were like water off of a duck’s back….and therein lies the rub.
Even though we did eventually secure a favorable result, our understandably angry client would likely have spent a fraction of her final invoice if she had bitten her tongue, if even every so often. She was clearly so upset with her husband that she lost all sight of the one thing the court cared about: what was best for her little boy. A case that could have been resolved in a couple of months instead required a couple of dozen hearings and far more too much wasted time.
Even though it is quite tempting to use a Chancery Court proceeding to tell the whole story about the downfall of a marriage/relationship, some things are much better left unsaid. Please realize that the court already knows you don’t have warm, fuzzy feelings about your ex/spouse, or you wouldn’t be there in the first place. It is already well-understood. Slinging mud at your ex often simply irritates the Chancellor hearing your case. Often the best thing to say in court is nothing at all, especially if it causes distraction.
The paradox lies in a simple misconception; that having more negative to say about your child’s other parent will score points, therefore you win. Not so fast; goodwill and maturity go a long way–Mississippi Chancellors appreciate calm reasoning and the desire to get along, particularly for the childrens’ benefit, if nothing less. Don’t ever think you are worse-off than the next custody litigant. Cooler heads most often, and likely should, prevail. Often the litigant who is emotionally-charged teters on the brink of appearing to alienate a child’s innocent affection of both mom and dad.
The attitude a child custody litigant brings with them to trial is overtly paramount to the success of their claim and the efficiency in obtaining a positive outcome. It is very easy to lose sight of what matters most to the court: the best interests of children. Emotionally-charged litigants often forget that their testimony will not only be judged on its believability, but on its responsibility and focus.
My best advice to anyone going through a custody fight (whether or not in a divorce or a custody/modification proceeding) is to remain calm and stay focused on your kids. Forget about the indiscretions, the lying, the cheating, or whatever else your ex did to bring you to disappointment UNLESS it has a direct bearing on your children. It’s usually water under the bridge. Don’t forget that Chancery Court judges are human too, and they hear bickering on a daily basis. It gets tiresome at the least. The myth is that mudslinging is effective; the truth is that it is not very productive.
If you are seeking an attorney who has a clear view of the big picture in a custody dispute, I will gladly lend my advice. Shaping your testimony and being in the right frame of mind are fundamental to winning child custody disputes. If you are prepared to consider viewing this type of litigation from a fresh, objective, and realistic perspective, give us a call.
Matthew Poole is a Jackson, Mississippi Family and Domestic Attorney with 14 years of focused experience in child custody litigation and divorce.
Tags: agreement, Brandon, child custody, Clinton, custody, custody attorney, custody lawyer, Divorce, divorce attorney in Jackson Mississippi, Flowood, hinds child custody attorney, Madison child custody attorney, Mississippi child custody, myth, paradoxical, Pearl, Rankin, Rankin child custody attorney, Rankin Mississippi County, Ridgeland
Posted in It’s Not True: Custody Myths Debunked | No Comments »
Wednesday, August 1st, 2018
Can your child be taken away because of a simple spanking? When I was elementary school at a public institution in Rankin County, Mississippi, I had the misfortune of enduring the school principal’s penchant for enforcing rules by use of a very large paddle, equipped with golf-ball sized holes in order to increase the velocity of each collision. In the early 1990’s, it was standard fare to expect a good old-fashioned whipping from school administration for playground roughhousing or any other number of youthful misdeeds. Boy, how times have changed.
In today’s world of political correctness and fear of legal liability, it seems that those days are long gone, and will likely never return. Parents have often asked our office whether or not a Youth Court or Chancery Court has the authority to take their children from their physical custody wherein there has been significant corporal punishment. Gone are the days of schools bruising the rear-end of a miscreant child (usually boys, alas).
Desoto County, Mississippi recently dealt with an appeal revolving around the question of distinguishing between reasonable discipline versus child abuse, and the line is very thin and broadly within the discretion of the trial court in civil matters. In this particular instance, the appellate court had to consider the sufficiency of evidence utilized by the trial court in removing four children from their father’s custody. At hand was a simple query, at least at first glance.
The appellate court first, and a matter of proper judicial due course, considered the bare language of the applicable Mississippi statute, section 43-21-105(m). In pertinent part, said statute provides that an abused child is one “whose parent….has caused or allowed to be caused, upon the child… emotional abuse, mental injury, non-accidental physical injury or other maltreatment”. Wow, talk about a broad definition, allowing wide discretion for the judge. However, the statute on point also states that “physical discipline, including spanking, performed on a child by a parent, guardian or custodian in a reasonable manner shall not be deemed abuse under this section”. Thanks for the semi-clarification, right?
It seems to me that the question of whether or not corporal punish ment of a child is violative of Mississippi law comes down to good old-fashioned common sense. While the criminal statutes regarding abuse of minors are relatively easy to interpret, the civil law remains open to broad interpretation. It is my hunch that any physical punishment that is accompanied by bruising or other visible signature will likely run afoul of the statute on point, but the margin for interpretation is razor-thin. Foremost, always remember that the court will have wide leeway in drawing the line between abuse and reasonable corporal punishment. No two judges are the same and may see the same thing differently. Reasonable minds may, and will often, disagree.
If you are dealing with allegations of abuse or neglect and need guidance and effective legal counsel, we will gladly be of assistance. Always trust your better judgment and recognize that any child punishment of a child must not be done out of anger. In the words of the American author and Unitarian minister Robert Fulgham, “All I Really Need to Know I Learned in Kindergarten”. Well said.
Matthew Poole is a Jackson, Mississippi family lawyer focused on case evaluation and domestic conflict management. He was admitted to the Mississippi Bar in July, 2004.
Tags: agreement, chancery court, child, child abuse law, child custody, Clinton, corporal punishment, Court, custody, Divorce, divorce attorney in Jackson Mississippi, Flowood, Hinds, Jackson MS divorce lawyer, Madison, Mississippi, Mississippi child abuse laws, Mississippi family law attorney, Pearl, Rankin, Ridgeland, rights, youth court
Posted in Corporal Punishment vs. Child Abuse: A Thin Line | No Comments »
Friday, July 27th, 2018
My name is Kenneth Davis, and I have been working for Matthew for close to two years total now. When I first began working in domestic law, I fell victim to much of the overly optimistic enthusiasm that so many young lawyers encounter. Coming from a very close family that has never needed intervention to solve conflicts between us, I was rather naïve to just how petty people can be in litigation over family matters. Family is the most important thing in this world, and sadly that often gets lost in the maze that is a domestic lawsuit. I say this not to downplay people’s emotions or investments in their goals for their family, but rather to be up front with people on the things I see on a day-to-day basis.
Much like professional golf, a lawyer-client relationship is much more of a team than most people think. The client does not only sign a petition and then sit back and let the lawyer do the rest. Clients are their biggest advocate, and they know more about their case than anyone else. The lawyer’s job is to trigger the client’s mind for information they can use to prove their case, and to present that proof to the judge in an effective way. Like a golfer and their caddy, a client and their attorney must be on the same page every step of the way to achieve the best result possible.
When I tell people I practice domestic law, what follows is usually a form of “that must be dramatic.” It certainly is, as family law impacts people’s everyday lives and their relationships with their children. Most of the stories I tell are the really ridiculous ones, such as fighting over the most minor things. I then realized that while many litigants mean well with their lawsuit, sometimes they are mostly fueled by spite. That is most unfortunate, because often the client’s reasonable goals take a back seat to that anger toward the other party. That can add unnecessary baggage and stress to an already volatile situation, and it can put strain on the attorney-client relationship at the expense of the result.
Domestic law can be a challenging and stressful arena in which to practice, although for the most part it is satisfying. It brings me great pride to know that these clients have trusted me with their familial relationships, which are sacrosanct. As with any area of law, proper discipline and teamwork make a world of difference in the outcome of a domestic lawsuit. The most important thing in a domestic case is to never lose sight of what you are wanting to achieve. It can be easy to get lost in the trees and lose sight of the forest. This is truly the best advice I can give to anyone I meet, whether it be a litigant, another attorney, or anyone with a goal they want to achieve.
Tags: attorney, Brandon, child custody, Clinton, custody, Divorce, family law, Flowood, Hinds, Jackson, law, lawyer, lessons, Madison, Mississippi, Mississippi Divorce Attorney, Pearl, Rankin, Ridgeland, rights, Support, visitation
Posted in Expectation vs. Reality: My Lessons in Practicing Domestic Law | No Comments »
Friday, July 20th, 2018
It is all too common that we forget the smallest things in life, sometimes to our detriment. More often than not, forgetting the simple is counter-productive. Going through a divorce, it is usually the best path forward to revert to the basic that you know with certainty. Attempting to preserve your marriage requires the same thinking.
When Kareem Abdul-Jabbar, arguably the best basketball player, if not athlete of all time, was inducted into the Hall of Fame, he spoke true words of wisdom. When asked by a nationally renowned reporter, “What made you so successful?”, the great said simply, “I just try to do the little things right. To most people it seems like small stuff, but it often makes the difference between winning and losing”. Well said.
We’ve written so many articles about the best approach to get a fair and just result when going through a divorce. We decided it would be refreshing to write on a related topic; a topic intended to assist people in preserving their marriage. This may have lifelong implications for children and is so important to our society. And yes, we are aware of the irony of the article as written by a divorce lawyer.
It is absolutely fundamental that we must work to recognize the concept that Robert Fulgham advanced in his famous book, “All I Really Need to Know I Learned in Kindergarten”. It is necessary to our happiness as well as the well-being of those we care about that we remember the lessons learned as children, and some of them are so simple that they are easily forgotten; be nice to others, don’t hit people, remember to pick up after yourself, work hard, pay attention, and the list goes on as such. These are such simple concepts that in our everyday lives their importance often gets lost in the clutter. That is a true tragedy.
So many adults could bring happiness to not only themselves but their spouse, who is a reflection of themself, and also most importantly to their children by simply remembering the lessons we learned so many years ago.
My office regularly receives calls from prospective divorcees seeking information as to how to obtain a divorce. It is amazing to me that so many people will have failed to even have a discussion with their spouse about whether or not a divorce is a good idea for either spouse. It is my firm belief that this world would be such a better place if we considered others’ feelings, our childrens’ well-being, and the happiness of the one we married as a paramount concern. They are too easily forgotten and brushed aside.
If I may leave you with a simple piece of modest wisdom, ask yourself if you have fulfilled your marital vows, if you have considered your children’s future thoroughly before even contemplating severing the bonds you made in matrimony. Ask yourself through the eyes of a child. If you have truly exhausted all possibilities and are still unhappy in your marriage, you may have very well earned your way out of a bad place. If my office can help you receive justice and fairness as a last resort in the severance of your marriage, give us a call.
Matthew Poole is a Jackson, Mississippi family attorney who is focused on the preservation of fairness and justice and the best interests of children. He was admitted to practice in 2004.
Tags: attorney, Brandon, child, Clinton, custody, Divorce, divorce attorney in Jackson Mississippi, divorce options, Florence, Hinds, Jackson, law, lawyer, Madison, marriage, Mississippi Divorce Lawyer, Mississippi family law attorney, parent, Rankin, Ridgeland, Vicksburg, Warren, Yazoo
Posted in Through the Eyes of a Child; Divorce Life Lessons | No Comments »
Monday, July 9th, 2018
It’s an age-old joke that the more lawyers are involved, the more confusing (not to mention expensive) a situation tends to become. Whether well-founded or not, there are many situations that having lawyers involved is simply a foregone conclusion. One of the most prevalent of these examples is a case involving the well-being of a child. In many of those cases, a separate attorney will be added to the case to act as a guardian ad litem (“GAL”, literally guardian at law) to represent the best interests of the child or children involved. While of course many parents have the best interests of the child in mind during litigation over custody, such an emotional type of litigation can make it difficult for the child to remain at the forefront of concern.
A Mississippi court will appoint a GAL when there is a claim of abuse or neglect of the child by one or both parents. This could be physical abuse, mental abuse, sexual abuse, or neglect such as failing to provide the child with proper shelter and food. Other situations where the appointment of a GAL is mandatory in Mississippi include:
If DHS seeks protective services for a vulnerable adult and that person lacks capacity to waive the right to counsel;
In eminent domain and condemnation proceedings for parties who are minors or otherwise incompetent and are without a general guardian;
In a divorce proceeding based upon incurable insanity, if the defendant otherwise has no legal guardian;
If the mother dies while a paternity case is pending;
In a guardianship action where an interested party wishes to establish an estate plan, and it is determined the ward will remain incompetent during their lifetime;
Termination of parental rights;
Contested adoptions; and
If an individual convicted of felony child abuse wants visitation the child.
This is not an exhaustive list, and therefore it is evident that in almost any situation where the possibility of the child playing second fiddle to an issue in a case, Mississippi courts will appoint a GAL. This is an attempt to ensure that the child is treated fairly, and, above all, not taken advantage of or used as a pawn in litigation. Unfortunately, the nefarious use of a child’s presence in a case to get the upper hand is not evident at the outset of the case to either the lawyers, judges, or even the parties themselves.
Mississippi attorneys who serve as guardians ad litem must undergo training in juvenile justice provided or approved by the Mississippi Judicial College, and must renew that certification every year. The appointment of a GAL is an important step in litigation, and parties to suits in Mississippi should feel comforted in knowing that the attorneys serving in that role are required to refresh their memory of how to properly serve as a GAL. It can be intimidating to feel as though a party has one more person to impress or convince during litigation, on top of the judge, their lawyer, their friends and family, and their child or children. However, a GAL is involved in the case to represent the child, and their involvement should be welcomed and their input appropriately considered. Their work truly is selfless.
Child custody cases are some of the most time-consuming, expensive, and stressful cases that come through our office. It is our primary practice area. While many times the events during litigation seem petty and trite, the outcome is one that will shape the course of the relationship with the parties and the child(ren) for years. Therefore, the presence of a well-respected guardian ad litem is a large boost in the confidence that the best result will be reached for the child. While many times it is true that the mere presence of lawyers will breathe life into a conflict, suits impacting children are ones that a better result can be reached by having another attorney join the fray. If you or someone you know has a question about child custody litigation and the role that a guardian ad litem plays in litigation, call the Law Office of Matthew S. Poole. We have the experience and knowledge to answer almost any question you may have about this process, and the benefits that come along with the appointment of a GAL.
Tags: adoption, attorney, attorney for child, Brandon, Canton, child, children, Clinton, custody, Flowood, GAL, guardian, guardian ad litem, Hinds, Jackson, lawyer, Madison, mandatory, minor, Mississippi, necessary, Pearl, Rankin, Ridgeland, termination of parental rights, visitation
Posted in One More Lawyer: Guardians ad Litem | No Comments »
Wednesday, July 4th, 2018
Our office frequently receives questions from both clients and curious would-be custody litigants as to whether moving from Mississippi will adversely impact their custody case and the corresponding rights they have to custody of their children. As expected, there is no simple answer to complex problems that life often presents parents and child custodians. However, a brief review of the applicable law does shed much-needed light into the darkness that accompanies ignorance of Mississippi custody law.
One can refer to the phenomenon as “home court advantage” or “home state preference”, but at the end of the day, the label is not what defines impact on parents’ and childrens’ lives. When a parent moves outside of Mississippi, the million-dollar question is always whether that move will trigger a potential modification of custody of the child/children. Our analysis and estimation of legal ramifications of moving must begin with the few things we can know with certainty. I will begin by stating with zero equivocation that I have recently seen a dramatic increase in litigation wherein the custodial parent moves far away from Mississippi.
The well-settled standard for modification of physical custody of a minor child (or multiple children) is relatively straightforward on its face: when custody has been awarded to one parent (by a court of competent jurisdiction) modification will be allowed ONLY upon a showing of:
1. A material change of circumstance—to be distinguished from a mere change which is not evocative of the well being of the children involved.
2. The material change in circumstance must demonstratively adversely affect the welfare of the child/children.
3. That a change in custody must be in the best interests of the child/children. {Polk v. Polk, 589 So.2d 123 (Miss. 1991), Pace v. Owens, 511 So. 2d 489 (Miss 1987)}. In Pace, the Supreme Court mandated that Chancellors make specific findings of fact in support of any decision to modify physical custody of children. All three prongs above must be addressed with specificity in the official court record.
It is notable that the standard for modification of custodial rights is applied in a different manner wherein the parents have joint physical custody and one parent makes a unilateral decision to leave Mississippi’s jurisdiction. The burden of the remaining parent is thereby reduced and there is no longer a requirement that proof demonstrate an adverse affect on the children, thereby prong #2 above would be null and void under these circumstances. McKree v. McKree, 486 So. 2d (Miss Ct. App. 1998).
So the answer to our query is well settled? Not so fast. It appears to myself and my clerk, the Honorable Kenneth Davis, Esq., that Chancellors across our great state have significant leeway and remarkable discretion in making determinations as to whether the “trigger” of modification of custody has been met, thus allowing a parent remaining in our state to initiate a well-founded claim for custody modification. Can the move of a custodial parent meet the threshold burden bestowed upon a non-custodial parent to achieve modification child custody? The best answer is probably, but not certainly. Most important is to recall that the POLESTAR (most important) consideration for any Chancellor is what is best for a child {Albight v. Albright, 437 So. 2d 1003. (Miss. 1983)}. See also Miss Code Ann. §93-5-24 (1972, as amended). The totality of circumstances will dictate the outcome in the vast majority of domestic litigation. It is reasonable and understandable that litigants want clarity and desire certainty. Finality is incredibly valuable. However, would-be litigants that are able to appreciate the big picture and viewpoint of Chancellors (who are the “super-guardian” of all children in their respective jurisdictions) and the subjective elements are most often successful in navigating treacherous child-custody matters.
I have 14 years of experience in domestic litigation and can say without shame that clear answers are often elusive. There is a best path forward in any family issue that you are facing, and my staff and I are dedicated to fight to vindicate your custodial rights. While there may be no simple answer, the path forward is always based in love for your children and a deep desire to impact their well-being in a meaningful and permanent way. It can be done. Where there is a will, THERE IS A WAY.
Matthew Poole is a Jackson, Mississippi domestic relations attorney with 14 years of determined focus in family law and domestic litigation with an emphasis on case evaluation and analysis.
Tags: Advice, attorney, child custody, custody, Divorce, Florence, Flowood, Hinds, Jackson, lawyer, Madison, marriage, Mississippi, Modification, modify, move, Rankin, Ridgeland, Vicksburg, Yazoo
Posted in To Move or Not to Move; The Million-Dollar Question | No Comments »
Wednesday, June 27th, 2018
If you are going through a fault-based divorce, you already realize that it can be a cumbersome and frustrating process. In 14 years of practice, it never has ceased to amaze me that potential divorcees so often greatly underestimate the burden, stress level, and emotional turmoil that divorce causes, particularly when child custody is a hotly contested item. Gone are the days of simplicity in domestic separation. In our modern world, husbands are by far more likely to seek custody of children and raise fault grounds against their wives. Also, it is fundamental to understand the importance of shifting family dynamics. Now it is not uncommon to have a stay-at-home husband and a professional wife who has supplanted the traditional husband’s role. I have compiled a short list of simple advice that can save you time, legal fees, and stress that accompanies each and every contested divorce (particularly those that impact the innocent lives involved–your children).
Make sure you keep up with your witness’s phone numbers and addresses. Also, if you are aware of any social media accounts (Twitter, Instagram, Facebook, Google Plus, etc.) or website information pertaining to your spouse, obtain as much information as possible. If you expect your lawyer to locate these for you, be prepared to see additional legal fees.
DO NOT throw away any bank, credit card, tax, investment, or retirement account information. It is easy to hide and can vastly increase the cost and burden of divorce.
If you are in a violent relationship, seek to record any conversations/events that will prove this to the court. Also, make sure you back them up in at least one other device.
Consider hiring a private investigator. Their hourly rates are often cheaper by far than even the least expensive attorney. If you need to access a good one, call me.
Don’t let your emotions get the better of you. Fear, anger, disappointment, and grief are usually present to one extent or another in any divorce.
Don’t assume that you are not entitled to some form of alimony, be it lump-sum, reimbursement, periodic, or rehabilitative. Speak to an experienced attorney as to whether you have a valid claim.
Don’t discuss in any negative way your frustrations with your children; it will most likely bite you. Kids are innocent and have no place involved, no matter how tempting it may be.
Please contact us if you would like to discuss any custody, asset distribution, or alimony-related matter and rest assured we will turn over every stone, leaving none unturned, to your advantage. I have 14 years of experience of focused practice in domestic relations law and can help you determine the best path forward and through these stressful situations.
Matthew Poole is a Jackson, Mississippi domestic relations attorney with 14 years of focused experience in family law with an emphasis on litigation and case assessment.
Tags: Advice, Alimony, attorney, child custody, custody, Divorce, Florence, Flowood, Hinds, Jackson, lawyer, Madison, marital assets, marriage, Mississippi, Rankin, Ridgeland, tips
Posted in Best Quick Tips in a Contested Divorce | No Comments »
Monday, June 18th, 2018
“Where are you from” is a fairly simple question, especially if you live and have lived in a certain state your whole life. If you have moved around, though, the answer may actually seem pretty complicated. In casual conversation, people commonly resort to phrases such as “I grew up in…” or “I’m originally from…” in order to distinguish their “home state” from a recent or current residence. When it comes to legal jurisdiction, however, a much more meticulous approach is required. Where you are truly “from” will determine which court has the authority to hear your case and ultimately control your future.
It should not be a surprise that child custody disputes exaggerate any confusion surrounding this question, particularly when a child moves with one parent to a different state from the other parent. Although there may be multiple states with the authority to rule on child custody matters, only one state will take jurisdiction. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) governs jurisdiction determinations for all child custody and modification of custody cases and prevents courts from issuing conflicting orders. This law has been adopted by 49 out of 50 states (including the District of Columbia, the US Virgin Islands, and Guam) and reconciles discrepancies between the Uniform Child Custody Jurisdiction Act and the Parental Kidnapping Prevention Act, which previously attempted to provide these jurisdictional guidelines.
§ 93-27-201, Subsection (1) of the UCCJEA establishes the “exclusive jurisdictional basis for making a child custody determination,” which does not require physical presence of, or personal jurisdiction over, any party involved. Actually, these factors are not even sufficient to establish child custody jurisdiction according to part (c). A state only has jurisdiction over an initial child custody proceeding in the four situations summarized as follows:
It is the home state of the child on the date of the commencement of the proceeding or was the home state of the child within six months and the child is now absent from this state but a parent or someone acting as a parent still lives in the state
A court of another state does not have jurisdiction through situation (1) or a court of the home state has declined to exercise jurisdiction on the ground that this state is a more appropriate forum and
The child and at least one parent or someone acting as a parent have a significant connection with this state other than mere physical presence and
There is substantial evidence is available in this state concerning the child’s care, protection, training, and personal relationships
All courts having jurisdiction under the situations described above have declined to exercise jurisdiction on the ground that this state is a more appropriate forum
No court of any other state would have jurisdiction under the situations listed above
Since the UCCJEA designates the home state as the best forum, that state will always have priority in custody matters. § 202 says that this exclusive jurisdiction will continue as long as the state maintains a significant connection with the parties and the substantial evidence is still in the state or until all of the parties have moved out of the state. If an emergency situation occurs (i.e. a child is being abused or was abandoned) then the state where the child is physically located may take temporary jurisdiction to secure his or her safety under § 204. The case will then be given to the home state, transferred to another state that has grounds for continuing jurisdiction, or possibly even kept by this state if the first two options are not available.
However, except as provided by §204 for emergency situations, no court can modify a child custody order made in another state “unless a court of this state has jurisdiction to make an initial determination” under § 201 (a) or (b) and (1) the other state decides it no longer has exclusive continuing jurisdiction or that a court of this state would be more convenient forum or (2) it has been determined that the parties do not presently reside in the other state.
This synopsis certainly does not include every detail of the UCCJEA, but Attorney Matthew S. Poole has handled a countless number of these complex cases. If you have any questions or would like to set up an appointment, please don’t hesitate to call us. We would be happy to explain how the UCCJEA applies to your unique situation.
Written by Jessica Jasper, J.D. Candidate, Class of 2020, Mississippi College School of Law
Tags: attorney, Brandon, chancery court, child, Clinton, continuing jurisdiction, custody, Flowood, Hinds, home state, Jackson, jurisdiction, lawyer, Madison, Mississippi, modification of custody, Pearl, Rankin, Ridgeland, UCCJEA, uniform child custody jurisdiction and enforcement act
Posted in The Jurisdiction Determination in Child Custody Cases, Uncategorized | No Comments »
|
|
|
