Robert W. Davis, Jr., Attorney at Law

Have you made your holiday co-parenting plans yet?

2024-11-07T16:13:53Z

Doesn’t it seem as if the year is speeding by? After all, Thanksgiving is only a few weeks away. While this time of year is exciting, for separated or divorced parents with minor children, it can be quite a challenge. If you haven’t done so already, below are some tips to help you and your co-parent get through the winter holidays.

Abide by the judgment in place

If you have already been to court and have a custody judgment in place, you must follow the rules set forth in the court order. Failing to do so can land you in court on contempt charges and affect your custody rights.

But be willing to compromise

Some co-parents manage to get along post-split. If you can communicate well with your ex, it may be possible to compromise on some holiday custody issues. For instance, if you have out-of-state relatives joining you for the holidays, you may be able to arrange a trade-off that you both can accept.

Don’t spend the day in transit

If you and your ex live in the same town, it’s simple to split the big holidays. One parent can have the kids from the morning to early afternoon and the other parent can pick them up for the rest of the day and night. But if you live farther away than a few minutes’ drive, it’s not fair to make your child spend the bulk of their holidays traveling between their parents’ homes.

Is your custody arrangement no longer working?

As your children grow, they can outgrow the custody agreement already set in place. When that happens, you can always petition the court for a custody modification.

People subject to federal investigations often make this mistake

2025-03-07T19:12:54Z

Learning that one is the target of a federal investigation tends to make people very nervous. Even those who feel confident that they did not knowingly break the law recognize that they may have unintentionally done so. There are many federal statutes that people are unaware of and can break without realizing what they have done. There are also a variety of circumstances in which it might appear like someone has broken the law. Those who know that federal investigators have communicated with their acquaintances, scrutinized their business activities or reviewed their travel history are often eager to exonerate themselves. In their attempts to cooperate and prove that they are not criminals, they may unintentionally give federal investigators reason to bring charges against them.

Mistakes and omissions can lead to charges

When federal investigators want to have a sit-down conversation, the people subject to that conversation are at risk. What they say to investigators might lead to federal criminal charges. In some cases, people subject to questioning by federal investigators become confused and contradict themselves. Other times, they may remember information inaccurately and provide the wrong information to prosecutors. They could also potentially state that they don't remember as a way of avoiding self-implication, only to put themselves at risk of prosecution. Federal regulations make it illegal to lie to investigators. Small errors and claims that an individual lacks knowledge can be sufficient reason for federal authorities to bring charges for lying to investigators. Even those who attempt to cooperate with an investigation in good faith can find themselves at risk of a criminal conviction because of what they say during the investigation. Thankfully, those subject to federal investigation and at risk of prosecution could potentially protect themselves by securing legal advocacy. People generally have a right to have an attorney present during questioning. An attorney can advise them on when answering may compromise their position and put them at risk. Realizing that attempts to cooperate can be as dangerous as trying to ignore an investigation could help people limit their risk of facing federal criminal charges. An attempt to cooperate with investigators can sometimes have the opposite effect when a person wants to exonerate themselves.

Does a child’s wishes affect custody decisions in Mississippi?

2024-10-23T14:45:13Z

If you are navigating a custody battle in Mississippi, you may wonder how much your child’s preferences will impact the court’s decision. Can your child settle the matter by deciding which parent they want to live with? Here is what you need to know. A child can express their custody preferences if they are of sufficient age (12 years or older), and the court will consider their wishes when determining the custody arrangement. However, judges are not bound by what the child wants. Instead, the judge will weigh your child’s preferences alongside other factors.

The law prioritizes the child’s best interests

Courts consider several factors collectively to determine the most suitable custody arrangement. These include:

Each parent’s parenting skills, willingness and ability to care for the child
The stability of the home environment provided by each parent
The moral fitness of the parents
Emotional ties of the parent and child
The child’s age, health and gender
Each parent’s physical and mental health
Other factors relevant to the parent-child relationship

Neither of these factors outweigh the other. As such, a child’s wishes are just one part of the larger picture, and the court will assess the unique circumstances of your situation when making a decision.

Navigate the custody process with confidence

Child custody battles can be stressful, and being prepared for the proceedings is essential. Focus on your child’s well-being and encourage honest communication. Be ready for a comprehensive evaluation of your family situation and gather supporting evidence that could help your case, such as your involvement in your child’s life and how your home offers a safe and nurturing environment. Most importantly, seek legal guidance to understand and protect your parental rights while prioritizing your child’s best interests throughout the custody process.

What does “providing material support for terrorism” mean?

2025-03-07T19:17:55Z

Laws on terrorism have always been rigid in the U.S., but these were ramped up further after the horrific events of 9/11. Both state and federal laws govern terrorism offenses, but due to the severity and cross-border nature of terrorism offenses, they are often prosecuted at a federal level. The USA Patriot Act prohibits individuals from providing material support for terrorism. What does providing material support for terrorism mean?

Financial support

Terrorist networks rely on sophisticated methods of recruitment. They also need certain tools that can vary depending on aims and objectives. For instance, cyber terrorists may need the latest computers, electronic devices and software. More traditional groups may require arms and weaponry. All of this costs a lot of money. Effective laws can cut off the funding to terrorist networks. That’s why the Patriot Act classes sending money to terrorist networks as providing material support.

Signing up

While terrorism is inherently violent, one does not have to commit an act of violence to be charged with terrorism offenses. Merely joining a terrorist network is a serious criminal offense and it is classed as providing material support.

Other examples

The following examples may also be considered as providing material support:

Voicing support online and sharing links to terrorist websites and social media channels
Assisting a known member to get into the country or flee the country
Acting as the “middle man” in setting up meetings containing known terrorists

While terrorism charges are serious, you have the right to remain innocent until proven guilty. There have been many examples of people being wrongfully profiled and falsely accused of providing material support. That’s why it’s so important to seek legal guidance.

How to modify child support in Mississippi?

2025-03-07T19:22:53Z

In Mississippi, child support orders can be modified under specific circumstances. These modifications are crucial when life circumstances change, affecting either parent's ability to meet the terms of the original order.

Here's a breakdown of the process you must follow to legally modify child support orders in Mississippi.

Eligibility for modifying child support

A significant change in circumstances must occur to modify child support in Mississippi. This change could involve income adjustments, job loss, changes in the child's needs or custody arrangements. The requesting parent must demonstrate that the current child support order no longer reflects the child's best interests or the parents' financial status.

Common reasons for modification

Job Loss or Income Change: If a parent loses a job or experiences a significant decrease in income, they may request a modification.
Change in Child's Needs: As children grow, their needs—such as medical or educational expenses—may change, prompting the need for adjusted support.
Custody Changes: If custody arrangements are altered, this could impact the required child support.

Steps to modify child support

To initiate a modification, the parent must petition the court. This requires filling out the appropriate forms, providing supporting documents (such as proof of income), and attending a court hearing. Both parents are typically required to attend, where the judge will review the circumstances and decide whether to approve the modification.

Mediation as an alternative

Some parents choose mediation before going to court to reach an agreement on modifying child support. This process can be faster and less stressful than formal litigation, as it encourages cooperation between both parties.

Modifying child support in Mississippi requires demonstrating a substantial change in circumstances. Understanding the legal steps and working with the court or through mediation can ensure that any modifications reflect the child's best interests.

How a recent Supreme Court ruling affects securities fraud cases

2024-09-03T14:24:00Z

Amid all of the high-profile decisions handed down by the U.S. Supreme Court this year, many people paid little attention to one regarding the Securities and Exchange Commission (SEC). In a 6-3 ruling announced in June, the conservative majority of the court determined that enforcement actions by the SEC involving securities fraud must be handled by federal courts rather than within the agency. The majority opinion, written by Chief Justice John Roberts, stated that the SECs “internal tribunals” violated defendants’ Seventh Amendment right to a jury trial in certain civil cases. Chief Justice Roberts wrote that a defendant has “the right to be tried by a jury of his peers before a neutral adjudicator.” He added, “Rather than recognize that right, the dissent would permit Congress to concentrate the roles of prosecutor, judge, and jury in the hands of the Executive Branch.”

Is this part of a larger move to “strip’ power from agencies?

The dissent he was referring to, by Justices Sotomayor, Kagan and Jackson, warned that the ruling furthered the high court’s recent pattern of chipping away at federal agencies’ authorities. It stated that “dozens of agencies could be stripped of their power to enforce laws enacted by Congress.” It’s hard to know whether this will have any significant effect on anyone who is being investigated for or accused of alleged fraud by the SEC. The head of their Enforcement Division responded to the ruling by saying that the agency will “continue to protect investors and enforce the federal securities laws, including by filing actions in federal court.” What remains critical is that if you are under investigation for alleged fraud or have already been arrested and charged, you need sound legal guidance as soon as possible. This will help you protect your rights, regardless of where the case may ultimately be decided.

How federal embezzlement charges can affect your career

2025-03-07T19:15:19Z

Federal embezzlement charges can have a devastating impact on a person's career. If you face such charges, your professional reputation and future employment opportunities are at risk. Understanding how these charges can affect your career is blatantly important if you work in positions of trust and responsibility.

Loss of employment

Employers have strict policies regarding criminal activity, especially crimes involving financial misconduct. When someone faces embezzlement charges, employers often take swift action to terminate employment, even if the case remains unresolved. Even if the charges do not result in a conviction, the damage to your reputation may be irreversible.

Future employment challenges

Many employers conduct thorough background checks before hiring. This is especially true for positions that involve handling money or sensitive information. A federal embezzlement charge on a background check raises red flags and can cause potential employers to question a candidate's trustworthiness. This makes it challenging to secure new employment, particularly in fields like finance, management and public service.

Inhibitive penalties

Mississippi Code § 97-23-25 outlines severe penalties for embezzlement. A conviction becomes part of your permanent criminal record, making it even harder to rebuild a career. The stigma associated with a conviction can follow someone for years, limiting your ability to advance professionally or reenter your chosen field.

License revocation

Professional licenses may be at risk for those convicted of embezzlement. Many professions, such as accounting, law and healthcare, require licenses that are subject to review if the license holder faces criminal charges. A federal embezzlement conviction can lead to the suspension or revocation of a professional license. This is effectively a career-ending event. Federal embezzlement charges can cause significant and lasting damage to a career. Understanding these risks highlights the importance of building a staunch defense if you face accusations of financial misconduct.

Why are divorce rates rising for Baby Boomers?

2024-08-20T18:08:50Z

If you look at the overall divorce rate during the last two decades in the United States, it has declined. However, “gray divorce” is on the rise. For instance, many Baby Boomers are getting divorced at a higher rate than younger generations. The divorce rate for those who are over 65 has tripled since the 1990s, for example, and it has doubled for gray divorce in general – couples who are at least 50 years old. These statistics make it clear that older couples have a much higher chance of divorce than younger couples, but why is this? There are numerous reasons to consider.

Changing perspectives

For one thing, many older couples got married at a time in which divorce was seen as taboo and there was a negative social stigma. This doesn’t really apply to younger couples, as cultural perceptions of divorce have changed. Some older couples may have wanted to get divorced for years or even decades, but they are only now doing so.

Changing lives

Another thing to remember is that couples may be going through major life changes at this time. One of the most common is that their children move out of the house and they become empty nesters. Some couples intentionally wait until the children have moved out of the house to get divorced.

This could become more complicated

Regardless of why gray divorce occurs, there are some potential complexities. What does it mean for Social Security benefits? What does it mean for retirement accounts or pension plans? How do they split up complex assets at this advanced stage in life? If you find yourself moving toward divorce, it’s very important to understand exactly what legal steps to take.

When identity theft becomes aggravated, a lot is at stake

2025-03-07T19:18:50Z

You probably understand identity theft, which involves the unauthorized use of another person’s identifying information. A conviction can result in serious consequences, including imprisonment. Aggravated identity theft is a more serious crime and its potential penalties can be extremely harsh.

What is aggravated identity theft?

Defined under 18 U.S. Code § 1028A, aggravated identity theft is a federal offense also involving the unauthorized transfer, possession or use of another's identification. The charge becomes aggravated when a stolen identity is then used in connection with the commission of a felony offense. Examples of felony crimes that can lead to aggravated identity theft charges include:

Bank fraud
Immigration violations
Mail and wire fraud
Social Security fraud
Tax fraud
Credit card fraud

Since these crimes involve using stolen personal information to deceive and defraud citizens or government offices, they will almost certainly result in aggravated charges.

How is it punished?

The penalties for aggravated identity theft are stringent. A conviction can lead to a mandatory two-year sentence for this offense alone. Further, the sentence must be served consecutively to any other punishment imposed for the associated felony. If the identity theft is connected to a terrorism-related offense, the mandatory sentence increases to five years. A defense strategy focused on avoiding conviction is essential. Here are some options to consider:

Demonstrating that you were mistakenly identified as the perpetrator
Showing there was no intent to commit a felony with a stolen identity
Questioning the validity or sufficiency of the associated evidence

Your immediate and long-term future are at risk when facing these charges. Experienced legal guidance can help you tip the scales of justice in your favor.

How to prepare child custody for a new school semester

2024-07-22T21:25:30Z

The school year is only a few weeks away for many families. While this will mean many parents get some free time as their children go to school, other families may be having a discussion about their child custody arrangements. A school schedule could conflict with a current custody arrangement and lead to unique conversations about the approaching semester. Here are a few questions parents may need to ask when addressing an altered custody arrangement:

Who has control over your child’s education?

Legal custody determines which parent is allowed to control how their child is raised, including their education. Some divorced parents may share legal custody and others may not. How much control each parent has over their child’s education could greatly determine how a child custody arrangement is altered. Before discussing a new custody schedule, divorced parents may need to review what rights they have.

Will your child go to the same school?

It is not uncommon for children to change schools even though many parents would disagree with it. A child may need to go to a new school if a parent lives too far, for example. Or, a parent may want to place their child in a private school to receive a higher education. This kind of decision could greatly alter a custody schedule.

Does your child custody arrangement fit the school week?

Many co-parents have a rotating custody arrangement. However, a school schedule may conflict with the current rotation. Parents may need to discuss what type of rotation fits best around their child’s school schedule. Parents can learn about their legal rights when discussing the arrangements of child custody. Legal guidance can help them through a new custody arrangement for the upcoming school semester.