Mississippi Family Law Blog

Mississippi court holds joint physical custody does not mean equally divided custody

In Mississippi, the Court usually awards one parent physical custody while granting liberal visitation to the other. However, in some cases, courts can award the parties joint physical custody. Many parents believe that means custody on an equally divided basis. That is not necessarily true. Mississippi Code §93-5-24(5)(c) provides that "joint physical custody' means that each of the parents shall have significant periods of physical custody." What does that mean?

In a recent case out of DeSoto County, MIssissippi, the Court Appeals upheld a chancellor's ruling giving the mother more physical custody than the father despite awarding the parties joint physical custody. In this case, the mother was awarded physical custody during the child's time in school and the father was given all spring breaks as well as the summer except for two weeks. Alternating weekends, Thanksgiving Day, and the Christmas holiday were equally divided. The Court found that the chancellor's decision was not an abuse of discretion--the standard required to reverse the ruling. The Court noted that the statute did not require an equal amount of time and the father was granted a significant period of visitation. Finally, the Court noted that the child's grades suffered when the child was "shuffled" between parents during the school week.

If you are contemplating a divorce or involved in a custody dispute, you should consult with a lawyer to ensure you fully understand the terms used in any marital dissolution agreement or custody arrangement. At the Kisselburgh Law Firm, we can discuss these matters with you to ensure your rights are protected. Call us at 601-936-4040 or contact us online to set up a consultation.

Unanimous U.S. Supreme Court holds ex-wife entitled to pension benefits

In a follow-up to a previous post concerning a dispute between an ex-wife and her daughter over the ex-husband's pension benefits, the U.S. Supreme Court issued a unanimous opinion upholding the Fifth Circuit Court of Appeals' decision giving the benefits to the ex-wife. However, the U.S. Supreme Court disagreed with the Fifth Circuit reasoning and affirmed the ruling on other grounds.

To recap the facts, Mr. Kennedy was an employee of DuPont and participated in their savings and investment plan (SIP) that was an ERISA benefit plan. In 1971, Mr. Kennedy married and three years later signed a beneficiary designation identifying his new wife, Liv Kennedy, as the sole beneficiary of the SIP plan. Twenty years later, the couple divorced. As part of the divorce, the ex-wife agreed to relinquish all rights to husband’s pension benefits with DuPont. The agreement to waive those benefit was contained in the divorce decree. However, a Qualified Domestic Relations Order was not submitted covering these benefits nor did the husband ever change the beneficiary designation for the account.

In 1998, Mr. Kennedy retired from DuPont and later died in 2001. His daughter was appointed administrator of his estate. She sent a letter to DuPont requesting the Estate be paid the funds in the SIP. DuPont refused, stating that the beneficiary designation identified the ex-wife as the beneficiary. She also asked the ex-wife (her Mom) to relinquish her rights to the account and she refused. In fact, ex-wife asked DuPont to pay up and they sent the ex-wife the $400,000.00. Daughter, on behalf of the Estate, brought a lawsuit.

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New alternative to jailing those delinquent in child support

In Washington D.C., a new program has emerged for those parents behind in child support payments who are without a job. The key is that they want to pay, but do not have the means. The new approach is Fathering Court. According to the article, it is an effort to put fathers on the right track to paying for their children and "emphasizes employment, starting with the basics."

While jail is still a remedy for those who just don't want to pay child support, this new approach is something Mississippi should explore. In many cases, especially during hard economic times, the non-custodial parent is without work and cannot pay. Jail provides no opportunity for that person to find a job. This program could be the answer.

Father claims fraud and wants child support money back--Court says no.

A Mississippi man who paid child support for 19 years found out he was not the biological father and wanted his money back. In this case out of Sunflower County, Mississippi, the man and woman had a relationship during which time the woman gave birth to a son. Shortly after the child was born, the relationship soured and the couple split. One month later, the woman executed an affidavit naming the man as the father of the child. The Mississippi Department of Human Services (DHS) contacted the father and he agreed to voluntarily pay child support.

Almost 20 years later, a friend suggested that he was not the father, so the man petitioned the court for DNA testing which showed he was not the biological father of the child. He filed a petition to terminate child support as well as claimed a refund for the amounts paid. The chancellor granted both. DHS and the mother appealed.

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Mom who bugs Teddy Bear gets sued

A Nebraska woman is being sued by her ex-husband after she placed a listening device in their 4-year-old daughter's teddy bear. Embroiled in a child custody battle, Mom was wanting to get some information to use against ex-husband. Problem is that it is illegal in Nebraska, as well as many other states including Mississippi, to tape a conversation where at least one person has not consented to the recording. According to the article, many of the people whose voices were recorded by the teddy bear, including court personnel, have joined in the lawsuit seeking damages against the Mom, her father, and her former attorneys.

For those involved in divorce or child custody proceedings, proceed with caution if you are thinking about recording your ex-spouse's conversations. There are both state and federal laws which make it illegal to intercept telephone conversations, e-mails, or other electronic messages. Seek the advice of an attorney so you know what the law allows.

Restraining order issued against threatening boyfriend

Here is one from a kid who has a lot to learn.

• Boyfriend has child with girlfriend;
• Boyfriend lives in North Carolina;
• Girlfriend and child live in Connecticut;
• Boyfriend makes video on YouTube;
• Video shows him waving gun and making threats against girlfriend;
• Girlfriend seeks restraining order based on online threats;
• Connecticut court grants restraining order.

The boyfriend is lucky he was not prosecuted in North Carolina for the threats.

Lessons learned: First, don't make threats to others, especially while waving a gun. It is a crime in most states. Second, don't videotape the threat and post on YouTube for everyone to see.

Divorce rates decrease during holidays

With the holidays past, now is the time for New Year's resolutions. For some that resolution is divorce, according to a recent article. Divorce rates drop during the holidays, but rise again as the holiday cheer fades away in January.

If you are contemplating a divorce in Mississippi, you should learn about the process and your rights. Click on this link to request your free copy of the Mississippi Divorce Guide or contact the Kisselburgh Law Firm to set up a consultation.

New Orleans man kills son rather than pay child support

The Clarion-Ledger reported today that a New Orleans man killed his two-year-old son after he was ordered to pay $4,000.00 in back child support. The man had earlier threatened to kill his children and ex-wife. He is now facing first-degree murder charges.

Why? What was he thinking? How could a father take the life of his own? Little sense is made of the story other than the fact that threatened violence in family disputes should be taken seriously. If you or your children have been threatened by a family member, seek help. In Mississippi, contact the Mississippi Coalition against Domestic Violence or contact your local police department.