When parents separate or divorce, deciding on child custody and visitation can be one of the most difficult and emotionally charged aspects of the process. Judges and attorneys often state that all decisions are based on “the best interests of the child” as the single most important standard.

But what does this phrase really mean in a Mississippi courtroom? It is not just a sentimental concept; it is a legal principle supported by specific factors that judges must consider according to the law. At Gregory D. Keenum, PA, with almost 49 years of experience serving clients in Booneville and across Mississippi, we believe that understanding this standard is the first step towards protecting your parental rights and ensuring a stable future for your child.

The Legal Foundation: More Than a Guiding Idea

The “best interests” standard is codified in Mississippi Code § 93-5-24. This law provides the legal basis for judges to make decisions about physical custody (where the child resides) and legal custody (the right to make significant decisions about the child’s well-being, education, and health).

The law explicitly states that custody and visitation should be granted in a manner that is in the best interests of the child, and there is no assumption of favoring one parent over another based on gender.

The Albright Factors: Breaking Down “Best Interests”

While the statute provides a framework, the Mississippi Supreme Court, in the landmark case of Albright v. Albright, established a specific set of criteria for courts to use. These criteria, known as the Albright factors, are essential elements that a judge will consider when determining what arrangement is best for a child’s well-being. They include:

1. The parent-child relationship: The love, affection, and emotional bonds between each parent and their child.
2. Parenting capacity: Which parent has taken on more responsibility for the daily care of the child, including meal preparation, bathing, bedtime routines, and other parenting tasks.
3. Stability and consistency: The importance of maintaining the child’s current home, school, and community surroundings is highly valued.
4. Parental employment and responsibilities: The stability of each parent’s employment and their ability to provide adequate childcare.
5. Physical and mental health: The physical and mental well-being of the parents, as it affects their ability to take care of the child.
6. Moral fitness: The moral character of the parents, including conduct that could negatively affect the child.
7. Child’s wishes: If the child is old enough (typically 12 years or older), the court may take their reasonable preferences into account.

It is essential to understand that there is no single factor that is decisive. The judge considers all of them together, with the child’s health, safety and well-being being the constant focus.

How the Standard Applies in Real Cases

The Albright factors are not a checklist, but a tool for analysis. For example:

• A parent who has been the child’s primary caregiver may have a strong case for physical custody. However, if that parent plans to move frequently and disrupt the child’s stability, the judge might consider this differently.
• A parent’s “moral fitness” may be questioned based on evidence of substance abuse, domestic violence, or other actions that create an unsafe environment for the child. The court’s primary concern is how the parent’s behavior affects the child’s well-being.

Modification and Enforcement: The “Best Interests” Standard Endures

The “best interests of the child” standard applies not only to initial custody decisions, but also to modifications of existing custody arrangements. If there has been a significant change in circumstances that adversely affects a child’s welfare, and changing custody is in the child’s best interests, then the court must consider this when making a decision. 

Similarly, if enforcing a custody or visitation agreement is necessary, the court will take into account what is needed to protect a child’s well-being and right to a relationship with both parents when making its decision.

Navigating This Process with an Experienced Guide

At Gregory D. Keenum, PA, we understand that each family’s situation is unique. For nearly five decades, our law firm has been a trusted resource for clients in and around Booneville. Our approach is based on integrity, dedication and a strong commitment to achieving outcomes that protect the rights of your children and your parents.

If you are involved in a child custody or visitation case, it is crucial to understand the “best interests of the child” standard. Contact our office today to schedule a consultation with our experienced team. We can provide compassionate support and strategic advice to help you navigate this challenging process and fight for a future that is in the best interests of your child.