When parents decide to end their marriage, deciding where the children will live and how decisions will be made can be the most challenging and emotionally difficult aspect of this process. Gregory D. Keenum has nearly five decades of experience helping clients with these complex family law issues. If you are involved in a custody dispute, it’s important to understand that Mississippi courts take these decisions seriously. Every decision is made based on the best interests of the child, which is the overarching principle that guides all decisions.

This principle is clearly stated in the Mississippi Code Annotated § 93-5-24. The court’s primary goal is not to reward or punish parents, but to establish a custody arrangement that will provide the child with the greatest stability, safety, and opportunities for healthy development.

The Two Types of Custody in Mississippi

Before diving into the factors, it’s important to understand that Mississippi law recognizes two types of custody: legal custody and physical custody.

• Legal custody refers to the rights and responsibilities of making major decisions for a child, such as education, healthcare, and religion. 
• Physical custody determines where the child primarily resides.

Custody can be awarded to one parent alone (sole custody) or to both parents jointly (joint custody). In modern family law, the trend is to promote continued involvement from both parents when it is safe and practical.

The Albright Factors: How a Judge Determines “Best Interest”

To objectify the “best interest” standard, Mississippi courts use a set of guidelines called the Albright factors, established by the Mississippi Supreme Court in the case of Albright v. Albright. While this list is not exhaustive, it provides a framework for every custody decision.

The key factors that a judge will take into consideration include:

1. The Parent-Child Relationship: The love, affection, and emotional ties between parents and children.
2. Who Has Historically Been the Child’s Primary Caregiver: Which parent has historically taken on the most responsibility for caring for the child?
3. Home Environment Stability: The court strongly favors stability and continuity. Which parent can provide a more stable home environment for the child, including school and community?
4. Employment and Childcare: The employment responsibilities and ability of each parent to provide adequate childcare.
5. Physical and Mental Health: The physical and mental health of both parents, though a health condition alone does not disqualify unless it impairs the ability to parent.
6. Child’s Preference: If the child is old enough (typically 12 years or older), their preference may be considered by the judge.
7. The moral fitness of the parents: Evidence of a parent’s immoral behavior that could adversely affect a child should be considered.
8. The home, school, and community record of the child: How is the child performing in their current environment?

It is important to note that Mississippi law explicitly prohibits courts from favoring one parent over another based solely on their gender (Mississippi Code Annotated § 93-5-24(2)). The “tender years doctrine”, which previously assumed that young children would be better off with their mother, is no longer in effect.

Dealing with Complex Issues: Domestic Violence and Substance Abuse

The court takes allegations of domestic violence, abuse or substance abuse very seriously. A history of these issues can significantly influence a custody decision. Mississippi law creates a presumption that it is not in the best interest of a child to be placed with a parent who has a history of domestic or family abuse. This presumption can be rebutted by the parent, who must provide clear and convincing evidence that custody with them will be safe for the child.

How Our Child Custody Attorneys Can Help

Navigating the Albright factors requires careful preparation and a persuasive presentation. Our team at Gregory D. Keenum, PA has extensive experience building strong cases to protect our clients’ relationships with their children.

We help you gather essential evidence – from school records and witness testimony to documentation of your involvement in your child’s life – to demonstrate that your proposed custody arrangement is in your child’s best interest.

Whether you are seeking an initial custody order, need to modify an existing one due to a significant change in circumstances, or facing enforcement issues, we are here to provide you with the strategic advocacy you need.

Contact Our Child Custody & Visitation Attorneys Today

Child custody decisions can have a significant impact on your family’s future, and you don’t need to face this challenge alone. At our firm, we are committed to providing personalized, compassionate, and effective legal guidance throughout the entire process.
If you are facing a child custody issue in Mississippi, contact our office to schedule a consultation. We have nearly five decades of experience in this area, and we are here to help you and your child navigate through this difficult time.