When a couple asks the court to resolve their child custody matter, it will consider various factors in determining the most suitable custody arrangement for their child. But how exactly does a Mississippi court decide child custody?
Understanding Legal and Physical Custody
Mississippi recognizes two types of child custody: legal and physical custody. Legal custody refers to a parent’s right to make decisions regarding the child’s upbringing, such as education, healthcare, and religious/moral instruction. Physical custody refers to a parent’s right to control the child’s location and to spend time with the child. Courts may grant parents joint custody, meaning they share decision-making authority or split time with their child. However, a court may grant a parent sole legal or physical custody in some circumstances. However, Mississippi law prefers joint legal and physical custody, with courts able to deviate from that preference if warranted for the child’s best interests.
Understanding the “Best Interests of the Child” Standard
Mississippi courts make custody determinations based solely on whether an arrangement would serve the best interests of a couple’s child or children. In deciding what constitutes the “best interests” of a child, a court must consider several factors relevant to the family’s circumstances. These factors come from the Mississippi Supreme Court case of Albright v. Albright. No single factor automatically outweighs any other factors, although courts may weigh factors differently based on the circumstances of the case. Ultimately, the court will decide what constitutes a couple’s child’s or children’s best interests based on the totality of the circumstances.
The Role of the Albright Factors
The Albright case created a list of factors that courts should consider in determining a child’s best interests in a custody matter. These factors include:
- The child’s age and health (courts may not base custody decisions on sex/gender or presume that a mother will provide superior care; a child’s age may only weigh in favor of a mother during a child’s infant or toddler years)
- Each parent’s physical and mental health
- Which parent had continuity of care before the parents’ separation
- The ability of each parent to provide physical care, emotional support, discipline, or guidance
- The stability of each parent’s home environment
- The emotional bond the child has with each parent
- The child’s home, school, and community environment
- A parent’s moral fitness and whether the parent’s moral choices have had an adverse effect on the child
- Each parent’s ability to provide childcare given their employment responsibilities
- The child’s preference, if the court finds the child mature enough to express a reasoned preference
Other factors not listed in Albright that Mississippi courts also consider include:
- The preference for keeping siblings together
- The presence of extended family in the parent’s community
- Whether either parent has interfered with the other’s parental rights
Temporary vs. Final Custody Decisions
Mississippi courts may issue temporary custody decisions after a couple separates or files for divorce. A court may issue a temporary custody order, intending to issue a final order following a hearing or trial on the merits. Upon hearing the parties’ evidence and arguments, the court will issue a final custody order based on its analysis of the child’s or children’s best interests. Although a court may intend to issue a final custody decision after issuing a temporary order, parents who wish to change either temporary or final custody orders must demonstrate a substantial change in circumstances and prove to the court that altering the custody arrangement will serve the child’s best interests.
Contact a Family Law Attorney Today
When you and your ex have a child custody dispute, understanding how Mississippi courts make custody decisions can help you present a compelling argument for your preferred custody arrangement. Contact Gregory D. Keenum, P.A. today for a confidential consultation with a knowledgeable family law attorney to discuss your rights.