In Mississippi, child custody arrangements stem from what the best interest of the child or polestar would be. Understanding where the court is coming from and how they are basing their decisions can be very beneficial for people who are going through this. Keep reading to understand more about how Mississippi courts determine the best interests of a child.
Albright Factors
In Mississippi, the Albright Factors are the direct legal standard when it comes to determining what’s best for the child regarding child custody. The Albright factors came from a case in 1983 in the Mississippi Supreme Court. The case Albright v. Albright established a flexible set of guidelines for the judges to consider when they were dealing with a child custody case.
- Age, health, and sex of the child.
- Parents having continuity of care before the separation.
- Parenting skills and willingness/capacity to provide primary child care.
- Employment of the parent and responsibilities of that employment.
- Physical and mental health and the age of parents.
- Emotional ties of parent and child.
- Moral fitness of parents.
- Home, school, and community records of the child.
- The preference of the child (if of sufficient age and maturity, typically 12+).
- While 12 and older is when their preference is generally given weight, the court is not bound by the child’s preference, and will only consider it if the child’s choice is reasonable and not influenced by one parent.
- Stability of home environment and employment of each parent.
- Interpersonal relationships between parents and children.
- Any other factor relevant to the parent-child relationship
Read More: How Are Child Custody Decisions Made in Mississippi Courts?
The Courts Considerations
When dealing with child custody, the court has a set of inter that it may follow. The following will help you understand how and why the decisions are made the way they are.
- The courts presume parental equity. Under Mississippi law, both parents are entitled to custody of their children. Under certain circumstances, this may change, but it always starts with both parents being able to have custody of their children.
- A history of family violence can keep you away from your children. If one of the parents is accused or convicted of a serious act of violence against a family member, or has a pattern of dangerous or violent behavior, the court will likely grant custody to the non-violent parent. It is detrimental to the child and not in their best interest to be placed in sole or joint custody of a parent who has a history of perpetrating family violence.
- Joint custody is more preferable than sole custody. Since the parents presume parental equity, joint custody is what the courts generally want the parents to look for. Joint custody is in the best interest of a minor child where both parents have agreed to an award of joint custody.
- Siblings should stay together. Unless there is a good reason for separation, the court generally wants to keep them together.
- You cannot interfere with your child’s relationship with your spouse. Custody issues typically arise after separation or divorce
Other factors such as income, healthcare, health, fitness of the parent, school systems, and location all come into play when the court is determining custody. Many factors go into the best interest of the child. Knowing about them and finding a lawyer to help out is crucial.
Wondering How Mississippi Finds The Best Interest of The Child?
Mississippi makes decisions based on the best interest of the child. If you need help or want more information on this, get in contact with Gregory D. Keenum, PA. They will be able to help you because this can be a very complex scenario.