Maggio Law Firm, PC Maggio Law Firm, PC 2026-07-02T07:43:51Z https://www.sjmaggio.com/feed/atom/ WordPress /wp-content/uploads/sites/1500854/2020/04/cropped-favicon-min-1-32x32.png On Behalf of The Maggio Law Firm, PC <![CDATA[4 types of child custody]]> https://www.sjmaggio.com/?p=48247 2026-07-02T07:43:51Z 2026-07-02T07:43:51Z It is important to understand the basics of child custody if you are a parent going through a divorce. Child custody rights refer to a parent’s legal right to care for their child and make decisions on their behalf. There are a few basic terms to know about when learning about child custody. Here is what you should know:

1. Sole legal custody

Legal custody refers to a parent’s right to decide what is in their child’s best interests, including education, diet, religious upbringing and medical care. Sole legal custody means that one parent is responsible for deciding what is best for their child. 

2. Joint legal custody

Joint legal custody means that both parents decide what is best for their child’s upbringing. This often means that parents have to maintain constant communication about their child’s life. 

3. Sole physical custody

Physical custody refers to where a child lives and a parent’s responsibility to care for their child’s daily needs. Sole physical custody means that a child lives with only one of their parents. This parent is entirely responsible for providing food, clothing and shelter for their child.

4. Joint physical custody

Joint physical custody means that a child lives with both parents. Parents can create a child custody schedule to determine when each of them is responsible for caring for their child. Many co-parents rotate physical custody every day, week or month to help ensure equal custody time. You may need to reach out for legal guidance if you are seeking child custody. Legal guidance can help you learn more about the different forms of child custody and what type of documents you need to file. ]]> On Behalf of The Maggio Law Firm, PC <![CDATA[What if you refuse a DUI chemical test?]]> https://www.sjmaggio.com/?p=48240 2026-06-21T08:30:58Z 2026-06-21T08:30:58Z When an officer asks you to take a blood, urine or saliva test during a DUI investigation, refusing may seem like the safer option. Many drivers worry that a chemical test will provide evidence against them, so they decline in the hope of protecting themselves from a DUI conviction. What many people do not realize is that declining a chemical test doesn’t mean the state cannot prove intoxication. Additionally, refusing a chemical test can create a different set of problems. 

Mississippi implied consent laws

When you obtain a Mississippi driver's license and operate a vehicle on public roads, you are generally considered to have given implied consent to chemical testing if lawfully arrested for suspected DUI. You have the right to refuse a chemical test, but that decision is consequential. In Mississippi, refusing a test can trigger an automatic driver's license suspension, even before your DUI case is resolved. A first refusal can result in a 90-day suspension, while a second refusal may lead to a one-year suspension. You could also face harsher legal penalties than someone who submitted to testing if you’re found guilty. Judges have broad discretion when sentencing in most DUI cases, and your refusal can be a factor they consider when deciding how to resolve the case.

Why the details matter

Most people focus on the outcome of chemical tests, but there is much more than meets the eye from a legal perspective. How the officer approached you, what was said and whether procedure was followed correctly are some seemingly minor details that can determine if the evidence can be used against you in court. If you’ve refused a chemical test or taken one after an arrest, reaching out for urgent legal guidance is in your best interests. DUI cases often take shape in the early stages, and the sooner your defense strategy begins, the better positioned you may be to protect your interests.]]> On Behalf of The Maggio Law Firm, PC <![CDATA[3 times it may be necessary to modify a custody order]]> https://www.sjmaggio.com/?p=48239 2026-06-04T10:07:42Z 2026-06-04T10:07:42Z update the custody order when it no longer adequately addresses the needs of the children. There are many scenarios in which modifying a custody order might be necessary, with the three below accounting for a large percentage of formal modification requests.

1. Relocation scenarios

If either parent intends to move a substantial distance from the other or their current residence, a custody modification might be necessary. Larger distances translate to more costly and less frequent custody exchanges, making a schedule adjustment necessary.

2. Substantial scheduling changes

Teenagers participating in high school sports and parents beginning new jobs could also significantly alter the best division of parenting time. When the family faces a noticeable and lasting change in schedules, the custody order may need to evolve to reflect those new circumstances.

3. Changes in children's needs

Sometimes, children fall ill or acquire injuries that increase the level of support they need. Other times, the emotional reaction to divorce can lead to declining academic performance and social withdrawal, which are issues that may require more hands-on parenting, as well as professional support. When the needs of the children change or the ability of the parents to meet those needs changes, the custody arrangements for the family may also need to change. Working cooperatively to pursue an uncontested child custody modification or petitioning the courts for a contested modification can be helpful for parents who recognize that a custody order does not meet their family’s needs effectively anymore.]]> On Behalf of The Maggio Law Firm, PC <![CDATA[Can one spouse empty a joint account before divorce?]]> https://www.sjmaggio.com/?p=48238 2026-05-28T15:53:04Z 2026-05-28T15:53:04Z What can happen if you remove joint funds Your bank may allow either listed owner to make withdrawals. That could make the withdrawal possible under the bank’s rules, but it does not mean the move is fair or harmless in court. A judge can look closely at major withdrawals, especially if the funds disappear, get hidden or are spent for reasons unrelated to normal household needs. This raises questions about whether one spouse wasted or disposed of shared assets. Depending on the facts, the court may:
  • Count the withdrawn amount against your share of the marital estate
  • Order the withdrawn amount returned or accounted for
  • Question whether you acted unfairly during the divorce
  • Enforce any existing order that limits large transfers or withdrawals
In some divorce cases, these orders may take effect early in the case and can restrict either party from moving substantial sums, changing accounts or disposing of marital property without court approval.

How to protect yourself before moving money

Before you make a major withdrawal, focus on protecting the financial record. Save recent bank statements, take screenshots of account balances and keep receipts for necessary expenses. You should also avoid transferring funds to someone else, closing accounts without warning or spending large sums out of anger. Those actions can make your position more difficult to explain later. Mississippi chancery courts require spouses to submit financial disclosures. Accurate records help show where the money went and why.

Secure your access before problems grow

Shared funds may feel like the first place to act when divorce becomes real, but moving funds without a clear plan might create more problems than it solves. Protecting records, tracking necessary expenses and avoiding sudden transfers can help you explain your choices if questions come up later.]]> On Behalf of The Maggio Law Firm, PC <![CDATA[Your constitutional rights during a Mississippi DUI stop]]> https://www.sjmaggio.com/?p=48236 2026-05-25T03:44:52Z 2026-05-25T03:44:52Z Fourth and Fifth Amendments The Fourth Amendment protects you from unreasonable searches and seizures. This means that police officers can’t stop your vehicle on a whim. They must have reasonable suspicion that a traffic violation or criminal offense has occurred.
  • In terms of a DUI, an officer may claim the stop was based on behavior, such as:
  • Swerving or drifting across lanes
  • Erratic braking
  • Slowing down and speeding up
  • Running a stop sign or stop light
You also have your Fifth Amendment right against self-incrimination. While you may be required to provide identification and basic vehicle documentation, you don’t have to answer questions like:
  • “Have you been drinking tonight?”
  • “How many drinks have you had?”
  • “Where are you coming from?”
Your answers could be incriminating and later used by prosecutors. The police officer may ask you to perform field sobriety tests, which may include balancing exercises, walking in a straight line or following an object with your eyes. These tests are highly subjective, and you are within your rights to decline. However, due to Mississippi’s implied consent law, any driver lawfully arrested for DUI may face penalties for refusing certain chemical tests, such as breath or blood testing. It’s essential to remember that a DUI arrest doesn’t automatically mean a conviction. Therefore, it’s important to speak with a legal representative. They can evaluate whether your constitutional rights were violated, challenge improperly obtained evidence and work to protect your future.]]> On Behalf of The Maggio Law Firm, PC <![CDATA[Creating a smooth summer co-parenting schedule]]> https://www.sjmaggio.com/?p=48235 2026-05-11T02:48:03Z 2026-05-11T02:48:03Z Summer is just around the corner. For kids, it’s a time to relax, spend time with friends and take a break from schoolwork. For divorced or separated parents, summer brings scheduling challenges. Vacations, camps and family gatherings often disrupt the normal routine established during the school year. Creating a clear, cooperative co-parenting schedule can help reduce conflict and allow everyone to enjoy a relatively stress-free summer.

Why summer scheduling is more difficult

The school year provides more structure between classes and extra-curricular activities, and the co-parenting schedule reflects that. Summer introduces a less predictable routine.  Disagreements often occur about:
  • Travel plans involving out-of-state trips
  • Competing vacation requests
  • Summer camp or activities
  • Holiday weekends
One of the best ways to avoid summer co-parenting conflicts is to start planning early so both parents have time to coordinate vacations, work schedules and childcare arrangements. A written summer calendar can help both parents stay organized and prevent misunderstandings.  It’s also important to review the existing custody order to see if there are any specific provisions regarding summer visitation. It may address extended parenting time or travel restrictions. Failing to comply with a court-approved parenting plan can create legal issues and affect custody or visitation rights. Any summer scheduling decisions should focus on what is best for the child rather than what is most convenient for either parent. Consider the child’s age, activities, social life and emotional needs when creating a schedule. Children often benefit from maintaining strong relationships with both parents. Children still need some structure during the summer, but flexibility can benefit everyone. It’s not uncommon for unexpected opportunities and schedule changes to arise during summer break. Flexibility may include:
  • Swapping weekends
  • Adjusting pickup times
  • Allowing extra vacation days
Unfortunately, some parents are unable to reach an agreement over summer parenting time. Refusal to cooperate, failing to abide by the custody order or disagreements about travel may require the assistance of a legal professional. They can help enforce custody agreements and protect the child’s best interests when conflicts arise.  ]]> On Behalf of The Maggio Law Firm, PC <![CDATA[DUI rates may climb over the summer]]> https://www.sjmaggio.com/?p=48234 2026-04-27T19:54:53Z 2026-04-27T19:54:53Z People do find themselves facing DUI charges all year round, but summer is often thought of as DUI season, where impaired driving is more common and more arrests take place. Some of this is due to the fact that there are holidays often celebrated with alcoholic beverages. Examples include Memorial Day at the beginning of the summer and Labor Day at the end. Right in the middle is the Fourth of July, a very common time for families and friends to get together for barbecues and drinks as they celebrate the country’s founding.

Longer daylight hours

Another thing to keep in mind is that the summer has longer daylight hours, so people have a greater tendency to be out and about. In the winter, people are more likely to stay home. In the summer, they are more likely to go out with friends, go to the beach and generally be more active. Even if they drink the same amount during the summer, they are more likely to be on the road.

Trips and vacations

Finally, because children have the summer off from school, parents will often use these months to take road trips or go on vacations. Naturally, vacations are also times when people are more likely to consume alcohol. This can make DUI arrests more likely on a road trip than they would be otherwise.

Your defense options

The above helps to demonstrate some of the reasons for DUI arrests over the summer months. If you find yourself facing charges, you are likely worried about your future, your career, your ability to keep your driver’s license and much more. It is helpful to know what defense options you have at this time.  ]]> On Behalf of The Maggio Law Firm, PC <![CDATA[How property gets divided in a Mississippi divorce]]> https://www.sjmaggio.com/?p=48233 2026-04-14T10:37:27Z 2026-04-14T10:37:27Z What counts as marital property Before dividing anything, a judge must label every asset as either marital or separate property.
  • Marital property:  Under the Hemsley standard, this category encompasses assets or debts obtained by either spouse during the marriage through their joint or individual efforts.
  • Separate property:  Assets categorized as separate generally involve property owned prior to the union or specific items like gifts and inheritances received by one spouse individually.
The transmutation loophole: Be careful with separate assets. If you use an inheritance to pay off the mortgage on a joint home, that "separate" money may lose its separate status by being mixed. Furthermore, under the "Family Use Doctrine," consistent family use can convert a separate asset to marital property. Once this occurs, the court may treat the entire asset as marital property.

Judges decide what's fair

Mississippi judges use specific factors to decide what is "fair." These Ferguson Factors include:
  1. Direct or indirect contribution to the property (including homemaking and child care)
  2. Whether a spouse wasted or disposed of assets during the marriage
  3. The market and emotional value of the assets
  4. The tax consequences and economic impact of the sale or transfer of assets
  5. The value of each spouse's separate estate
  6. The extent to which property division may eliminate the future need for alimony
  7. The financial security and needs of each party
  8.  Any other factor that equity reasonably demands the court consider
The court evaluates these guidelines based on the unique circumstances of each case. The judge decides how much weight to give each factor when seeking a fair result.

Make sure you have a say in the process

If you file for divorce based on irreconcilable differences, there is a strict 60-day waiting period after filing before the court can grant the divorce. While recent legislative sessions have seen debates regarding "irretrievable breakdown" as a new ground for divorce, Mississippi currently requires either mutual consent for a no-fault divorce or the proof of specific fault-based grounds.]]> On Behalf of The Maggio Law Firm, PC <![CDATA[Mississippi’s zero-tolerance DUI law for minors]]> https://www.sjmaggio.com/?p=48230 2026-03-30T10:47:05Z 2026-03-30T10:47:05Z Understanding Mississippi's zero-tolerance law Mississippi's zero-tolerance statute applies to any driver under the age of 21 who operates a motor vehicle with a blood alcohol concentration (BAC) of 0.02% or more, but less than 0.08%. This lower limit means that even a small amount of alcohol can trigger a Driving Under the Influence (DUI) violation. Additionally, under the state's implied consent framework, your child does not need to display visible signs of impairment to face arrest and formal charges. Officers may initiate a traffic stop based on reasonable suspicion, but to invoke the implied consent law for official chemical testing, they must first establish probable cause and lawfully arrest the driver.

Facing the penalties of a zero-tolerance charge

The following consequences can happen when a minor is convicted of a zero-tolerance DUI:
  • Suspension of driving privileges ranging from 120 days up to two years or until age 21, depending on prior offenses
  • Fines up to a maximum of $1,000, depending on prior offenses
  • Mandatory participation in an alcohol safety education program
  • A criminal record that could affect college admissions, scholarships and employment opportunities
Parents and guardians are often financially responsible for court costs, attorney fees and program fees tied to the case. Even a first-time offense may place a heavy burden on the entire household.

Building a strong defense in court

A zero-tolerance charge does not automatically result in a conviction. Multiple factors surrounding the traffic stop and the testing procedures may present viable grounds for a defense. Timing, for instance, may play a significant role. A minor's BAC may have been below 0.02% at the time of driving may have been below 0.02% at the time of driving but may have risen by the time an officer administered. Medical and procedural issues may also come into play. Certain conditions such as acid reflux or diabetes might produce falsely elevated BAC readings, and if officers fail to observe the required waiting period before administering a breath test, an attorney can call the accuracy of the chemical test results in question.]]> On Behalf of The Maggio Law Firm, PC <![CDATA[How military relocations can affect child custody]]> https://www.sjmaggio.com/?p=48228 2026-03-24T14:51:28Z 2026-03-24T14:51:28Z Requesting a custody modification If your orders make your current custody schedule unworkable, you may ask the court to modify the arrangement. Mississippi courts can modify custody or visitation when a material change in circumstances affects your child’s well-being. To make this change, you must show that:
  • Your military orders create a real change in circumstances
  • The proposed custody change serves the best interests of your child
  • The new schedule allows both you and the other parent to maintain a meaningful relationship with the child
If you and the other parent agree on a new schedule, the court may approve the change without a contested hearing. If you cannot reach agreement, a judge will decide how custody should work moving forward.

Options the court may consider for you

Courts try to protect the child’s relationship with both parents whenever possible. If your service requires relocation or deployment, the court may approve temporary changes that help maintain your connection with your child. For instance, a judge may allow extended visitation during your leave periods or adjust your summer and holiday schedules. Courts may also encourage regular communication through phone or video calls while you are away.

Taking military orders into account

Military orders can arrive quickly, so early planning matters. Reviewing your custody order and discussing possible changes with the other parent can help you prepare for the transition. An experienced family law attorney can help you present your situation clearly and seek a custody arrangement that protects your role in your child’s life while you serve.  ]]>