Parental Kidnapping

What to do if you fear Parental Kidnapping:

If you are afraid that the other parent will take your children away without your consent, you need to take action immediately. You should meet with an attorney to see if you might be able to ask the judge to issue an emergency temporary restraining order. This type of court order will ensure that you have recourse if the other parent takes the child without your consent. The order may include that the other parent cannot take the children out of the state, or that the other parent may only have supervised visitation.

If you are in the middle of a custody case, and you fear that the other parent may take your child to another country, you may be able to ask the judge to seize the child's passport. If there is no ongoing case, you may be forced to file the earlier mentioned temporary restraining order, if you qualify, and ask the judge to hold the child's passport as part of that case.

If the child does not have a passport but you fear the other parent may apply for one for the child, the State Department has a program called the Children's Passport Issuance Alert Program. The program is explained as follows:

"The Children’s Passport Issuance Alert Program (CPIAP) is one of the Department’s most important tools for preventing international parental child abduction. The program allows parents to register their U.S. citizen children under the age of 18 in the Department’s Passport Lookout System. If a passport application is submitted for a child who is registered in CPIAP, the Department contacts and alerts the parent or parents. The passport lookout system gives all U.S. passport agencies as well as U.S. embassies and consulates abroad an alert on a child’s name if a parent or guardian registers an objection to passport issuance for his or her child. This procedure provides parents advance warning of possible plans for international travel with the child."See the State Department's Child Abduction Prevention page for more information.

You should take note, that if your child has dual citizenship, then s/he may be able to travel out of the country on the passport issued by the foreign country. The State Department cannot regulate passports from a different country, so you may want to contact that country's embassy or consulate to ask if they have a similar program. You will find contact information for embassies and consulates at www.travel.state.gov under Country Specific Information on the top right-hand corner of the screen.

If you or someone you know is going through a situation involving the potential for child abduction and simply want to implement the necessary precautions, contact an attorney today. Don't wait until it's too late!

Check out our new website!

Hello Everyone!

I hope you all are having a wonderful week so far! Just a quick update to let you all know our new law firm website is up & running. We've made the website much more convenient for you to utilize and navigate. Go have a look!

You may access our website by clicking here.

Beware of the Inexperienced Attorney

Unfortunately, the economy has forced many attorneys to take on clients with cases in areas of law they would otherwise not have ever considered. Often times, they are attempting an area of law vastly different from what they typically practice. Although the ethical rules do not prohibit an attorney from taking cases in practice areas that are not familiar to them, a wise decision when seeking legal representation is to hire an attorney that practices in the area of law of your problem.

Legal scenarios are as unique as everyone’s lives, and it takes time to develop the experience and expertise to properly address the nuances of each case. There is no one defining characteristic of a good attorney, and great attorneys come from all walks of life.

Making sure your attorney has the necessary experience to handle your case is more important now than ever since there are so many attorneys in the field. Mistakes can be devastating, and are easily avoided by choosing the right attorney for your particular case. A good attorney has dedicated themselves to the field, and has the track record and reputation to prove their skills to be successful.

Good attorneys can think on their feet, asses the uniqueness of each situation, and come up with a legally sound strategy that protects your children, your assets, and your future as best as possible, while simultaneously ensuring that you comply with the law.

Justin Jones Law is dedicated to serving your needs, and assessing your personal situation to provide you with the most effective and best legal representation. For a free consultation or case evaluation, call our legal team today at 601-499-5292, or visit our website www.JustinJonesLaw.com

Justin Jones Law: New Firm Location

We have now reached our 1 year law firm anniversary, and are finally settled into our new location.  The new firm is much more spacious, convenient, and designed with you, our clientele, in mind. Justin Jones Law offers the boutique law firm experience, and it is our goal to provide you with comfort and reassurance while we pay careful attention to your case.  Our offices may be expanding, but our motto remains to provide you with the quality representation and genuine concern you deserve.  

 612 Highway 51, Suite B, Ridgeland, MS 39157

www.JustinJonesLaw.com

601-499-LAW2

The new firm is in the Allegrezza Piano shopping center on Highway 51 in Ridgeland, MS next to Protea Dekor, Blue Boutique, and Crawdaddy's. Please call us today to set up your free consultation at 601-499-5292., or visit our website at www.JustinJonesLaw.com  

Child Custody: How Does the Court Decide?

Child Custody: How Does the Court Decide?

All child custody cases bring about tremendous emotional turmoil for the parties involved and most people feel like they have to "win." However, no one wins in these cases and the number one concern should always be with the children and what is in their best interest. The best interest of the children is always the main concern of the court and an outcome that preserves this interest will allays prevail.

Best Interest Factors:

Although the "best interest" standard can be hard to define in some situations, some factors are common in "best interest" analyses in most custody situations:

• Wishes of the child (if old enough to capably express a reasonable preference)
• Mental and physical health of the parents
• Religion and/or cultural considerations
• Need for continuation of stable home environment
• Support and opportunity for interaction with members of extended family of either parent
• Interaction and interrelationship with other members of household
• Adjustment to school and community
• Age and sex of child
• Parental use of excessive discipline or emotional abuse
• Evidence of parental drug, alcohol or sexual abuse.

Child custody has proven to be the most conflicted and serious aspect of any divorce or family law proceeding. When the judge considers custody issues, the resounding question is "What is the best interest of the child?"

Keep in mind that both parents have equal rights to the child, so a judge considers several factors in custody matters. Some of these include the health and sex of the child, the primary caregiver prior to the divorce, parenting skills and willingness to care for the child, the emotional ties between child and parent, and each parent's moral fitness.

Other examples of the considerations the court will consider include, the age of the child, a parent's employment that involves long absences from home, immoral conduct of a parent, and differences between the parents in financial position, religion, personal values, and lifestyles. While any of the foregoing may be a strong reason to base the custody decision, judges must look at the whole picture in determining what is in the best interest of the child.

Often times, child has a preference as to the particular parent hero she would like to reside with and a child age 12 or above may tell the judge his or her preference for custody if the court considers both parents fit. However, the Judge is not bound by the child's preference. The Court recognizes that a child may not know what is in his or her best interest and may be basing their decision on which household is more fun or less strict.

In a custody proceeding a judge awards both physical and legal custody. Physical custody is where the child actually lives. Legal custody gives a parent the decision-making authority concerning the child's health, education and welfare. The judge may grant either or both custody designations to both parents, one parent, or a third party.

If one parent receives physical and legal custody, the judge grants visitation rights to the other parent, unless it is not in the child's best interest. Typically, visitation will only be restricted or supervised in extreme cases or where the child has been subjected to abuse.

A third party receives custody only when the court finds that it is in the best interest of the child because of the parents' abandonment, immorality, mental problems, or other reasons harmful to the child. Grandparents receive no special consideration over other third parties in these cases, but they may petition the court for visitation rights in situations of divorce, termination of parental rights, or the death of one of the parents.

Once ruled, a judge is reluctant to change custodial rights because of the disruptive affect on the child. For the judge to consider a change, the non-custodial parent must prove a significant change in circumstances has had an adverse impact on the child.

If you or someone you know needs assistance, contact an experienced Mississippi family law attorney.

Law Call

Do you have questions about Child Custody or Divorce?
 
If you live in the Jackson, MS area be sure to watch and call in with your questions to Law Call on WLBT newschannel 3 at 6:30pm on Saturday, July 23, 2011.  I will be the featured attorney talking live and answering your questions.  The topic for the night will be Child Custody and Divorce.  I'm looking forward to hearing from you and answering your questions!  

Finding A Qualified And Quality Attorney: The Basics

Finding an Attorney: The Basic Guidelines to Follow

When looking for the right family law attorney, it is crucial to look past the outward presentation to discover which lawyer will actually work towards your best interest. All family law issues bring to the forefront emotions and issues that are like no other. It is important to find an attorney that will be best equipped to handle and face the legal issues your case presents.

One piece of advice would be to research the attorneys in your area that concentrate in the area of law specific to your legal situation. For example, if you have a family law issue you would want o find an attorney that has experience or specializes in that area of law. In addition, find an attorney you feel comfortable talking to and understands your emotions. Take notice how each attorney responds to your questions and whether or not they display genuine concern about your circumstances. Do not be afraid to ask for a way to contact previous clients for information on past experiences with the lawyer. A lawyer that provides good customer service by promptly answering phone calls and emails is an ideal lawyer. Hiring an attorney simply because you know them or a friend used them is most often not a good idea. All attorneys are different and practice or specialize in different areas of the law. A lot of attorneys will take your case simply because they are getting paid, regardless of knowledge or experience in the specific area of the law that you require effective representation. Your attorney should always have your best interests at the forefront. Some red flags that may indicate you should seek more qualified and effective representation include: your attorney does not keep you updated on your case, is not prompt to return phone calls or emails, requests large or unreasonable retainer fees, requests more money without providing adequate explanation of the progression of your case, is reluctant to pursue the best outcome for you even if it means more work for them.

You should never feel like your attorney is not on your side. By doing your homework researching & contacting the attorneys in your area, you will be able to make a more knowledgeable & confident decision that should lead to quality representation and a more pleasant experience.

Children Outside of Marriage?

Parents that have children, and are not currently married to the father or mother of their child, should take time to consider having a Custody Agreement/Order in place. Often times, this consideration is put off because the relationship between the parents is working well and they are able to agree on decisions that are in the best interest of the child. It may even be the case that the parents are still in a loving relationship or plan to get married and do not see the need to "rock the boat". Individuals simply do not want to ask their partner to discuss plans in the event the relationship fails. Whatever the case may be, there is cause for concern if there is not a current Custody Agreement/Order in place.
Imagine a real life scenario: the father or mother of your child decides they are moving out of state and taking the child with them. Things may be fine for the first few visitations with your child but then the other parent begins to make excuses and decides it is too difficult to make travel accommodations and work out the visitation plan you both had envisioned and verbally agreed upon. If you now decide you want to have an agreement in place, you may be surprised and heartbroken to learn that you may have to travel to the state where your child now lives, hire an attorney in that state and attempt to reconcile the situation. In order to protect your children and ensure you do not find yourself in this position, or a similar one, call an experienced Mississippi Family Law Attorney.