Posts Tagged ‘parenting’

Mississippi Custody Considerations (Albright Factors: Moral Fitness of Parents)

Tuesday, February 27th, 2018

Here in Mississippi, it is well settled that the best interest of the child must be the polestar consideration in all custody decisions. In deciding the best interest of the child in custody cases, it is the chancellor’s duty to consider that the relationship of parent and child is for the benefit of the child, not the parent. To determine where the child’s best interest lies, the court must weigh a slew of factors when deciding custody. Among these factors one of the most critical consideration is the moral fitness of the parents. Especially here in Mississippi, deep in the Bible belt, this factor is perhaps taken into consideration more than any other factor.

When weighing this factor, the chancellor will make a judgment on who he or she finds to be morally fit to receive custody of the child. The chancellor will question both parents’ morals to find who should be awarded custody based on the best interest of the child. For example, a court will take into consideration whether either parent had an affair or has a drinking problem.

When it comes to the moral fitness of the parents, how those morals impact the children is key. For instance, if a mother’s paramour had constant exposure to the child and was in the home for extended periods of time with the child, the court would perhaps weigh that negatively against the mother. Bad behavior on one of the parent’s part is essential to the court’s analysis, however it is whether that bad behavior is exposed to the child that will cause the court to weigh in favor of the other parent.

As with the factor of the emotional bond between the parent and the child, a guardian ad litem (GAL) will play a large role in determining which parent possesses the better moral fitness to raise the child. The GAL will use home visits to make this determination, often with a prescheduled home visit, and possibly with an unannounced visit. This helps the GAL determine whether the scheduled visit (which often goes well) was the real deal, and not just a gilded image of everyday life in that home.

Many of our clients have questions about this factor because it is such an influential consideration in the eyes of the courts of Mississippi. Although this factor is important to the courts analysis in child custody cases, it is but one factor among many that a chancellor weighs in awarding custody. If you or anyone you know has any concerns or is unsure about the moral fitness consideration, or any other considerations, please contact the Law Office of Matthew S. Poole. Our office is pleased to assist you and answer any questions you may have.

Mississippi Custody Considerations (Albright Factors): Physical and Mental Health of the Parents

Tuesday, February 20th, 2018

As many of our readers know, the foremost consideration in any custody decision is the best interest and welfare of the child. As a way for chancellors to navigate the interests and emotions involved in custody battles, courts created a list of factors to ensure that the chancellor considers all the relevant facts before making a decision, known as the Albright Factors. Many assume that no other factor is more contested than the consideration of each of the parents physical and mental health. However, this factor is most often found neutral, not favoring one parent over the other.

During child custody cases, parents’ physical and mental health information is made available via testimony of those parents. For example, a mother may testify as to her paranoia and suicidal feelings, in which the chancellor would take that into consideration when weighing that against a father with no record of mental or physical health problems. In cases like that, the chancellor could decide that the mother was the less mentally fit of the parents, thus awarding custody of the child to the father.

However, often the allegation of a physical or mental deficiency is made by one parent to the other. Clients who come into our office often suspect that something is making the other spouse act the way they are, which is usually decided to be a mental issue. Unless a chancellor finds factual support that one parent is suffering from mental health issues, a court will usually find that this factor favors neither parent. When a chancellor finds this factor neutral, the court will usually turn to other factors to decide the custody of the child.

The worry of physical disabilities impacting a custody decision is also something we encounter when speaking to clients. Health problems are no stranger in Mississippi, from diabetes to PTSD to cancer. These can surely be cause for concern when giving custody of a child to a parent, so it is important for parents with these conditions to either have it relatively under control so that they can devote more time to taking care of the child.

Often, concerns about this factor are based on a fear of “what the other parent will say.” However, absent a showing of a condition that causes the chancellor great concern, the mental and physical health of each parent is a neutral factor. Courts are aware of the adversarial nature of these cases, and therefore require proof of a condition that may impact the child negatively. If you or anyone you know has a question about this factor or any other Albright Factor, or any other law pertaining to custody, call the Law Office of Matthew S. Poole. Our office is pleased to assist you in this turbulent time. Please continue to keep following this series as we explore and discuss each of the Albright 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.