Posts Tagged ‘decision’

Mississippi Custody Factor 3: Parenting Skills

Thursday, February 1st, 2018

Considered by some to be the “smoking gun” in child custody cases, the determination of which parent has the better parenting skills is pivotal in a chancellor’s decision in awarding custody. Before entering our office, many clients feel anxious about the weight of this particular factor because they feel as though they may be singled out as not being able to raise and nurture their child. However, while the determination of which parent has the better parenting skills seems like the most important element in a child custody case, it is only one factor that a chancellor weighs in making their decision, and a factor that could wind up favoring both parents equally.

When weighing this factor, courts look to which parent has the willingness and capacity to provide primary child care. This can include being a stay-at-home mother, being actively involved in the child’s schooling, and acting as the primary disciplinarian. Courts may also look to see which parent contributes more to the child’s social needs, such as driving them to and from sport’s practices. If one parent is unwilling or unable to provide this type of care for the child, then the court will not weigh this factor in their favor. This can obviously result from a number of aspects about a parent’s life, most notably employment demands.

One misconception that many people read into this factor is that it will always clearly favor one parent over the other. Many times, courts find that this factor favors neither parent, because both express a desire and willingness to provide for their child. In this situation, a court would turn to other factors to decide the custody of the child. Another worry that clients seem to have about this factor is the strength of the words “ability” and “willingness.” Being deemed to not have the ability or willingness to raise child will surely have a profound effect on a parent, however all is not lost when this occurs.

Many incorrectly believe that this factor is the main decision regarding a chancellor’s judgment of who the better parent is to raise the child or children involved. It is not. Although an important factor, the determination of which (if either) parent has the best parenting skills is just one of several factors that the court weighs in a custody case. If you or any one you may know has a question, or is unsure about the law pertaining to custody, call the Law Office of Matthew S. Poole. Our office can answer any question that arises about these factors that you may have, and can help you through this unpleasant time. Please continue to follow this series as we explore and explain more of the Albright factors.

What does “custody” really mean?

Wednesday, July 19th, 2017

You’ve probably heard it before: “I have full custody of my kids” or “I have legal custody” or “He has physical custody of the children” or “We have joint custody of our child.” All those mixing of terms can make child custody confusing, but it shouldn’t be. Child custody in Mississippi is awarded in two ways – “legally” and “physically” – and can be combined in a number of ways to fit the best interest of the child.

Legal custody” pertains to the rights bestowed upon a parent to make decisions of health, education and welfare of the child. “Physical custody” describes the time a child resides with a parent. When parents use “joint custody” to describe their custody arrangements then the court has granted both parents shared rights of custody either physically or legally or both. Generally, parents with “joint physical custody” equally share physical custody of their child and it is exercised every other week. “Joint legal custody” means the parents share in the significant (i.e., not whether the child needs a band-aid) health, education and welfare decision making of the child, regardless of which parent has physical custody of the child at the time decisions are made. The right to share all of the child’s official records is presumed and paramount. Parents might share joint legal custody while one parent has physical custody or parents could share joint physical custody while one parent has legal custody. It should be noted that good communication between parents is paramount to the court’s consideration of whether joint legal custody is in the best interest of the child. Even if the court determines that both parents are equally capable of making legal decisions in the best interest of the child, poor communication between the parents typically results in the Chancellor arbitrarily designating one parent as the sole legal guardian of the child.

Each child custody case is different as evidenced by the many combinations of legal and physical custody, however all custody cases are decided using the same polestar determinant: What is in the best of interest of the Child?

If you or someone you love has questions about their child custody issues then schedule a consultation with the Attorney Matthew S. Poole. Matthew has over a decade of experience representing parents in divorces where child custody is the central issue and in child custody modifications.