Posts Tagged ‘schedule’

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.

Defending a Modification Lawsuit

Wednesday, November 22nd, 2017

Along with stubbing your toe and trips to the dentist, being sued is one of the more unpleasant experiences someone can encounter. Being sued for a modification of child support, visitation or custody is no different. An alleged change in circumstances often pries into two of the most private areas of a person’s life: their home and bank account. When defending a modification lawsuit, it is important to know what the other side must show, and what you can do to combat that evidence.

As mentioned in our previous posts, to be awarded a custody modification, the requesting party must meet a three-part test. There must be a material change in circumstances in the custodial home that occurred since the original decree, that material change must adversely affect the child, and a modification must be in the best interests of the child. The analysis for a modification of support is very similar: one may be awarded if there has been a substantial or material change in the circumstances of the father, the mother, or the child or children.

When a person is sued for modification of child custody, often there is some sort of abusive or neglectful behavior alleged to show the material change. In these cases, a guardian ad litem (GAL) is appointed to represent the child’s interests in the lawsuit, which can include a home study of the child’s living environment. This part of the process literally invites the legal system into your home, which is one of the personal areas of life. If you are the parent defending a custody modification, the best way to interact with a GAL is to show that your home is a suitable environment for your child. That means keeping your home clean, having ample food in the house, and, depending on the season, working heat and air. If there is some question as to your relationship with your child, show the GAL that the claim has either been exaggerated or that you are honestly working to improve that relationship. The GAL’s opinion is a large factor in the outcome.

Another common modification lawsuit is one that seeks to increase or decrease a person’s child support obligation. This arises when there is a belief that the obligor either has more or less income than when the agreement or order was entered. In these cases, one of the things that seems to bother clients the most is the revealing of their financial information. As private as finances are, a necessary evil of a support modification lawsuit is the ability to study this information to determine if there has been a material change in circumstances. Just as that information can be used to support a modification, you can introduce evidence that shows that your obligation should remain the same (or even be lowered). This could be for a number of reasons, such as the minor child now attending private school or having some major need that was unforeseeable at the time the agreement or order was entered.

Being the defendant in a lawsuit is not a fun thing, but it also isn’t the end of the world. Defending a modification lawsuit is similar to defending others: poke holes in the other side’s argument. If a problem in your relationship with your child has been falsely alleged, discredit that story. If there is a problem with that relationship, show an effort to be improving it. If it is alleged that you make more money and can pay more child support, put on proof of why that is not the case. Mississippi courts know that parenting is difficult, and co-parenting even more so. Showing a court that the child’s best interests are served by your custody or that your support obligation is what you deserve to pay is how to successfully defend a modification lawsuit. It sounds simple, but like many legal situations it can be extremely difficult. If you have a question about a modification lawsuit you are facing, call the Law Office of Matthew S. Poole at 601-573-7429.