JURISDICTION FOR ADOPTION
June 14, 2010 § 1 Comment
Effective July 1, 2007, Mississippi’s adoption statute was amended to change the residency requirement from 90 days to six months.
§ 93-17-3, MCA, sets out the jurisdictional requirements, which now read more like the UCCJEA than like the old, familiar adoption statutes. There are now jurisdictional requirements about availability in the state of information about the child, licensure of any adoption agency involved, and pendency of any adoption or custody proceeding in another state.
PRACTICE TIP: Get into your computers and add all of the statutory language verbatim into your adoption Complaint forms. Then, when preparing your pleadings, strip out what does not apply.
Most judges I have spoken with agree that if the jurisdictional and other statutory language is not included in your Complaint, you will have to start over, which may include obtaining a second Consent or Joinder.
At least twice a month I have to point these matters out to attorneys. Don’t embarass yourself with a client by being one of them.
HEAR YE, HEAR YE …
June 14, 2010 § 2 Comments
So much in Chancery Court practice depends on the preferences and predilections of the judge. Chancellors are vested with broad discretion. Thus the old saw that, “A good lawyer knows the law; a great lawyer knows the judge.” Translation = A good lawyer knows what the law provides; a great lawyer knows and plans for how the judge will apply it.
I hope that this blog will give you an insight into some of my preferences and predilections about practice in Chancery Court in the 12th District. Every day I have the opportunity to discuss case management and procedure with attorneys. This blog will be a means to make those kinds of communications available to all attorneys and others who have an interest in practice in the Chancery Court. I will also share thoughts about appellate decisions and points of law, insights from the judge’s perspective about effective and ineffective trial practice, handling probate matters, and even humor and philosophy.
I hope for a dialogue with the lawyers. All who are in good standing with the Mississippi Bar are welcome and encouraged to comment on and respond to posts. All comments will be moderated, and only civil, relevant posts by lawyers will be approved. There is no reward for posting your comments here, nor is there any punishment. The decision whether to participate is up to you. As we say in my church: “All may, none must, some should.”
It is my goal for practitioners to find here always a source of useful, helpful information. Enjoy.
