Archive for March, 2018

Mississippi Child Custody Factors: Stability of Parent’s Home and Employment

Sunday, March 18th, 2018

Stability is one of the most important things in the raising of a child. Kids have it tough, and having a stable home gives them one less thing to worry about. As such, in custody cases the court will take into consideration the parents’ abilities to provide a solid place in which to raise a child. Kids are also expensive, so the stability of employment will also be examined, as stable employment means steady money coming in to support that child.

There are several indicators of stability of a home environment that can help a court make this determination. If one parent has lived in the same place for an extended period of time and the other has moved a high number of times, it would appear that the child would have stable, predictable housing. Stability can also come from routines within the household. If one parent can show that while in their care the child goes to bed at a reasonable hour, gets three squares, and brushes their teeth twice a day, that would show to a chancellor that the home is stable.

The stability of the home can also encompass other things, such as substance abuse or violence. A parent who has had issues with drugs, becomes intoxicated often in the presence of the child, or has frequent guests who do these things will have a tough time winning this factor in a child custody case. Violence toward others, especially to the child, will also give a judge concern with giving custody to that parent.

Firmness in the parent’s employment will also be examined in child custody cases. Much like when a boss is looking at an interviewee’s resume, a judge will be concerned if one parent has been terminated from several jobs recently. On the flip side, if one parent has held down the same job or has received promotions at work, that parent will be viewed as the more able to provide for the child.

Children have an absolute need for stability. They are going through life and learning along the way, and knowing their home environment will be the way it is gives them more ease. With stability, kids are free to devote their time and energy to doing things that kids should be doing. Firmness in the home and employment is one of the most important things you can show to a court in a child custody case. That shows that you can use your time and energy to being there emotionally for the child instead of having to worry about shelter or a paycheck. If you or someone you know has a question about your child custody case, call the Law Office of Matthew Poole. We are knowledgeable about these cases, and will give you an honest answer.

Mississippi Child Custody Considerations: Preference of the Child

Sunday, March 11th, 2018

Perhaps one of the more daunting and trying considerations for parents involved in a child custody dispute is the preference of the child. Parents contesting child custody are often nervous that their child’s preference will not be favorable to them because of a number of different reasons manipulating that child’s decision making. Sadly, this could even include the other parent’s influence. However, the preference of the child is but one of many considerations that chancellor’s weigh in their analysis of the Albright Factors to decide the best interests of the child.

By statute, the preference of the child will not be considered by a chancellor unless the child is 12 years old or older. After the sufficient age of 12, a child in a child custody case could be allowed by the court to express their preference as to which parent they would prefer to live with. A chancellor, however, is not required to honor the wishes of a child as to whom he/she would prefer to live with, but will only make that decision based on whether the best interests of the child is served by allowing them to express a preference.

This consideration is considered dismaying by some because of a parent’s ability to manipulate the feelings of a child in regards to the other parent. For example, there unfortunately are parents that will promise their children a later curfew, a new phone, or even a new car, just to manipulate the child into wanting to live with that parent. Although offering favors to their child may sway that child to their side momentarily, ultimately, a chancellor deciding the case will see that for what it is and take that into consideration when making his final decision.

Even though there are parents who attempt to essentially “bribe” their own children to make them want to live with them, a court will not make a decision based on the child’s preference if their preference is not in their best interest. It is understandable that this factor can cause a sense of uneasiness and worry in parents when dealing with a child custody dispute. Our office handles child custody disputes every day, and can help ease those worries. If you have any worries or concerns involving your custody disputes, or just have any questions at all involving your custody related issues, please contact our office. Thank you for following this series and please continue to follow along each week as we explore the Albright Factors.

Mississippi Child Custody Considerations: Home, School, and Community Records

Tuesday, March 6th, 2018

A child’s home, school and community environment will have a huge impact on that child’s development as a person, and will likely shape them for the rest of their journey through life. This is where they will form bonds of friendship, get involved in the community, and get an education that will help them meet the challenges of adulthood. One of the most common misconceptions regarding this factor is that a court will only look to whether a change in custody will result in the child being “uprooted” from their community or school. While this is certainly a potential aspect in a chancellor’s analysis of this consideration, a chancellor will ultimately focus more on each of the parent’s ability to take their children to and from school on time and the children’s absences from school while in each parent’s custody. The courts primarily focus on whether the child(ren) are in a stable environment and if awarding custody to another parent would improve or provide that stability.

Courts have regularly weighed this factor unfavorably against a parent if/when a parent relies on others to drop off and pick up their children from school. For example, the Court of Appeals in Mississippi has found in recent cases that when one parent habitually struggles getting their child to school on time, that is weighed negatively against them in favor for the other parent, even if the other parent would need to “uproot” their children in order to be awarded custody.

When considering this Albright factor, the court also focuses on the child’s attendance in school when in the custody of each parent. If the child has an abundance of absences from school while in the care of the mother, that fact would be weighed unfavorably against her in the determination of custody. Also, for instance, if while the father had custody the family moved frequently and the children were forced to change schools and communities often, a chancellor would certainly weigh that fact against the father, especially if the mother has maintained stable household.

We talk to many people who have questions about this factor and many who come into our office have concerns about how their child’s school and community record will affect their case. The home, school, and community record of the child is but one factor among many in a chancellor’s Albright analysis when determining child custody. If you, or anyone you may know, have any questions about how this factor or others may impact your case, call the Law Office of Matthew S. Poole. Our office has the insight to the application of these factors to answer any and all questions you may have. We are glad to help you in this uneasy time. Please continue to follow our website’s series on the Mississippi child custody factors.