Posts Tagged ‘Brandon MS Divorce Attorney’

The Decline of Traditional Morality

Thursday, December 15th, 2011

by Chris Palmer

A recent survey has indicated that marriage rates are at an all time low.  In the 1960’s the median age for marriage was around 20 but now, the median age has risen to 26 for women and 29 for men. Rising divorce rates have contributed to the statistics as well as economic concerns.  What is most troubling though is that the survey reflects a sense of apathy towards marriage in general as evidenced by this quote: “A Pew survey last year determined that more than four in 10 Americans younger than 30 consider marriage passe.  ”They see it as an obselete social environment,” said D’Vera Cohn, a Pew researcher who co-wrote the analysis.”  Unfortunately, out-of-wedlock births have not followed the same path.

A study from the United Stated Department of Health and Human Resources shows that non-marital births are at greater risk of low birth weight, preterm birth and infant mortality than children born to married women.  The study also shows that children born to single mothers have more limited social and economic resources than those born to marriage.  Yet the 2007 data used in the study shows that  4 in 10 children were born out of wedlock, reflecting a 5% increase in unmarried birth since 2006, a 21% increase since 2002 and an 80% increase since 1980.

When you look at the declining marriage statistics, the changing view of marriage by young Americans and skyrocketing out-of-wedlock births, you begin to see a grim portrait of America’s future.  It appears that Americans have slowly moved toward a more narcissistic existence, one in which self-satisfaction comes first and commitment to family comes second. Why else would the statistics show declining marriage rates yet rising birth rates among unmarried people?  One only has to hang around your local family court to see the problems that result from out-of-wedlock births.  Court are jammed with single mothers begging for financial assistance from absent fathers while vehemently opposing the father’s efforts to have a relationship with his child.  If this trend continues, marriage will soon be a minority as will children born to marriage.   One has to wonder what the long term effects of this trend will have on the country if it continues since the trend sheds light on a much larger issue not addressed by the statistics – the decline of traditional views of morality.

Bible Belt States, Including Mississippi, Have Higher Divorce Rate

Monday, August 29th, 2011

by Jake Adams

Despite their  ”Bible Belt” status, Mississippi and other southern states have a higher rate of divorce than states in the Northeast. Surprising, right? Click here to read an article regarding the divorce findings of a U.S. Census Bureau report.

Some theorize that the South’s higher divorce rate is caused by getting married too young.  While I disagree with the writer’s underlying agenda to discredit the sexual values instilled by Christianity, the statistical variance between Southern divorce rates and Northeastern divorce rates should be studied. There may be a lesson to be learned from Northeasterner’s who routinely marry much later in life, the theory being that with age comes maturity, education, and a realistic approach to marriage. No one can argue that maturity, education and realism are necessary equipment for a successful marriage.

Is Divorce Your Best Option?

Friday, July 15th, 2011

Is divorce your best option?  It’s a question worth asking. But while it may be a strange topic to find on the website of a law firm that specializes in domestic relations cases, it is the very question that should be asked right off the bat by competent attorneys when counseling clients who are contemplating divorce.  Why?  Because divorce can be very messy.  Divorce can negatively impact children of the marriage.  Divorce can cause financial burdens that may deeply impact your future.  The outcome of a divorce case is uncertain.  And it may be that, in your situation, divorce is not your best option.

Given the emotional strain and uncertainty that you are already experiencing, shouldn’t the legal counsel you receive be determined by what is in your best interest and in the best interest of your children, even if it means that our recommendation is that you not proceed with a divorce filing?  Shouldn’t you feel comfortable knowing that the advice you receive is not determined by an attorney’s desire to take in a divorce case?  At Adams & Edens, P.A., we believe the role of your attorney should involve more than advocacy.  Your attorney should also be your counselor.  And as a counselor, your attorney should be well versed in Mississippi divorce law, but also well practiced in listening carefully to your circumstances, ask probing questions, and give you sound advice that is in your best interest.

May My Child Decide the Parent with Whom He or She Wants to Live?

Thursday, June 30th, 2011

by Jake Adams

In a Mississippi divorce proceeding, if your child is 12 years old or older and both parents are determined to be fit and proper persons to have custody, the judge may consider the child’s parental preference in determining the custody arrangement that is in his or her best interest. It’s important to note that the child’s preference is only one Albright factor the court considers among many others. It is not uncommon for a court to award custody to the other parent. In either case, the court is required by statute to place on the record the reason or reasons for which the award for custody was made and is further required to explain in detail why the wishes of the child were or were not honored.

A Mississippi court may also hear the preference of the child 12 years old or older in a custody modification proceeding. However, the desire of the child alone is not enough to modify a custody order. The court must first find a material change in circumstances which adversely affects the welfare of the child before he can consider the child’s preference in a child custody modification proceeding.

Unproven Claims of Sexual Abuse Cause Mother to Lose Custody in Divorce

Tuesday, June 28th, 2011

by Jake Adams

In White v. White, No. 2009-CA-01701-COA, the Mississippi Court of Appeals upheld a custody award to father in an Alcorn County divorce matter where allegations of sexual abuse were made by wife against the paternal grandfather. The Chancery Court eventually found that no credible evidence existed that the sexual abuse occurred. In making its Albright findings, the Court found that the child’s well-being had been negatively impacted by the sexual-abuse allegations and that the factor regarding health of the children favored the father because of it. As to the parenting skills factor, the Court found that wife’s pursuit of the sexual-abuse allegations in part caused this factor to favor the father. The court was of the belief that wife and a grandmother were planting information of sexual abuse in the child’s mind. As a result, husband/father was awarded custody.

This is a case where unproven allegations of sexual abuse of a child harmed the accusing parent.