Posts Tagged ‘issue’

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.

Mississippi Custody Factor 4: Employment of the Parent

Thursday, February 8th, 2018

In tune with our last post, Mississippi Courts rightfully use many factors in determining the custody of a minor child. The employment of the parent is a crucial factor in the Albright analysis that a chancellor will weigh in determining which parent will be awarded custody, and will also play a part in the creation of a visitation schedule between the parent and child(ren). This factor may seem as though the court looks just to which parent has the higher-paying job or career. The court’s analysis, however, dives deeper into the responsibilities of each of the parents’ employment.

Standard visitation is every other weekend, 4 weeks in the summer, and 10 days at Christmas time, with other holiday visitation scattered throughout the year. Obviously, careers such as offshore workers, nurses, military, and others that demand large blocks of time will most likely not allow this schedule to be workable. Understandably, this is a concern we often hear in our office, as many Mississippians are employed in professions such as these. The client hears “since you don’t have time to exercise your visitation, you don’t get it at all.” This is absolutely not the case, as any chancellor in Mississippi would be gravely mistaken to not consider that work schedule regarding visitation.

Many people also think that the parent with the higher-paying career is perceived to be better suited to provide for the child, however this concern is ill-placed, as support is only one facet of this factor. Many times, the court looks to the parents’ work schedule and time at work to determine whether their work life is conducive to being involved with the child’s school and social life. Often, a parent whose employment schedule and responsibilities align with the child’s school and social schedule will weigh more favorably than just a job with a higher income. For example, a parent with a job that starts at 8:30 a.m. until 3:00 p.m., who has time to drop off and pick up their child at school, may be considered more beneficial to that child than a parent with earlier hours and higher pay.

Although the nature of a parents’ employment and the responsibilities of that employment is an important factor for a chancellor to consider, it is but one factor among many that the court must weigh in awarding custody. Though not dispositive, a parents’ work hours and schedule weighs in favor of that parent when that schedule best cooperates with the needs of the child.

This factor of a child custody decision is one that clients often have the most questions about, because their employment usually relates to support issues. However, the employment of a parent is also a huge factor in custody and visitation. A lot of professions have schedules that simply do not allow standard visitation to work, and parents will not be punished for having a schedule like that. If you have any questions about your employment in relation to a child custody case or know anyone who may have questions about a child custody case, please call the law offices of Matthew S. Poole. We are pleased to assist you in this turbulent time. Feel free to keep following this series on the Albright factors.

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.