Posts Tagged ‘visit’

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 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.