Child Custody Basics

In Mississippi all custodial decisions are determined by what is in the best interest and welfare of the child. The Mississippi Supreme Court has enumerated factors that the court is to consider for analyzing a child's best interests. However, just like with property division, there is no formula for determining or predicting custody determinations. Each case will be decided on its own merits.

The factors that the court will consider, known as the Albright factors, are:

1. The age, health, and sex of the child.
2. Which parent had continuing care of the child prior to separation.
3. Which parent has the best parenting skills.
4. Which has the willingness and capacity to provide primary child care.
5. The employment responsibilities of both parents.
6. The physical and mental health and age of parents.
7. Emotional ties of the parent and child.
8. The parents' moral fitness.
9. The child's home, school, and community record.
10. The preference of a child at the age of twelve.
11. Stability of the home environment and employment of each parent.
12. Other relevant factors.

This list is not exhaustive - courts do consider other factors (such as the separation of siblings). Also keep in mind that it is not formulaic; a parent that "wins" on more factors is not automatically entitled to custody. Similarly, not all factors are given equal weight, and it is possible for one or two factors to be determinative. Chancellors are given a lot of discretion in making custody decisions.

If you are fighting for custody of your children it is in your best interest to contact a family lawyer.