Tag Archives: legal custody

Child Custody

Physical Custody; An Albright Analysis

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If there is going to be a fight in a custody case it will be over physical custody. Physical custody is different than Legal custody. Physical custody concerns which parent has actual, physical possession of the child. Within Physical custody there are officially only 2 types;

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1) Joint Physical custody which by statute means each parent spends a significant portion of time with the child (though it does not have to be 50/50); and much more common is the second type

2) (Sole) Physical custody to one parent, subject to the other parent’s visitation. This is far more common in Mississippi.  A lot of your Agreements may have the term “primary” in the physical custody language and some Judges even insist that it be specified, but “primary” has no statutory significance, meaning it is not a term that carries legal meaning.  Lawyers, including myself, still use the term however.

If the parents cannot agree on Custody the Court will conduct what is known as an “Albright Analysis.”  Albright v. Albright, 437 So. 2d 1003 (Miss. 1983), is a Mississippi case from the early 1980’s that lists 13 factors that the Court must consider when making an initial custody determination.   The specific facts of your case are considered as they relate to each factor and the Court makes a determination as to which factor favors which parent. The Court also determines how to weigh each factor.  For instance, the sex of the child while considered, will likely not count as much as the continuity of care for the child. The paramount consideration is “the best interests of the children” A court should determine that by looking at the following factors:

1.       Age of the child.

2.       Health of the child.

3.       Sex of the child.

4.       Continuity of care prior to the separation.

5.    Which parent has the better parenting skills and the willingness and capacity to provide primary child care.

6.       The employment of the parent and the responsibilities of that employment.

7.       Physical and mental health and age of the parents.

8.       Emotional ties of parent and child.

9.       Moral fitness of the parents.

10.     The home, community and school record of the child.

11.     The preference of the child at the age sufficient to express a preference by law. (Must be at least 12, and it’s ONLY a preference)

12.     Stability of home environment and employment of each parent.

13.     Other factors relevant to the parent-child  relationship.

For additional information please click Dads Have Rights Too!

**Note, marital fault should not be used as a sanction in custody awards. Relative financial situations should not control since the duty to support is independent of the right to custody.  Differences in religion, personal values and lifestyles should not be the sole basis for custody decisions.

Matthew Thompson is a family law attorney and will fight for your custody and visitation rights.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850- 8000 

Matthew@bowtielawyer.ms

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Child Custody, Divorce

Labor Day and Visitation

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With Labor Day approaching it is a good time to reflect on the contributions and achievements of American workers.  Those efforts are the reason we celebrate  Labor Day, and have since it became a Federal holiday in 1894.

Labor_day : Labor Day Design with the handoff worker holding the wrench Stock Photo

Labor Day is also a good reminder for paying attention to visitation issues.  It is extremely common in the divorce agreements that I prepare that the non-custodial parent receive additional time, more than the every other weekends that seem “standard.”  I often include that the weekend extends through the Monday holiday.  This gives that parent additional time with the child of uninterrupted visitation.

In fact, I have a schedule of all Federal and State Holidays and routinely have this specifically addressed in custody/visitation agreements.  There is almost one Monday holiday in every month.  These times add up and provide both parents additional welcomed time with the child and perhaps, even, a much needed break.  Pay attention to the details when ironing out the specifics in a custody/visitation agreement and make sure you address the other holidays and not just the “big” ones.

Child Custody

Hurricanes and Legal Custody

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Legal custody is the decision making right regarding your child.

An article about legal custody and hurricanes posted during a hurricane, how clever. But cleverness aside it does raise a significant issue in legal custody…

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Legal custody, most commonly joint, requires that each parent keep the other parent informed of the child’s goings on. This includes, but is not limited to their health, education and general welfare.It requires that parents communicate and cooperate, within reason, when it comes to making decision about the well-being of the child. (Even if a parent has sole legal custody the other parent still has the right to be informed about the goings on of the child and has the right to access school and medical records pursuant to Mississippi law, 93-5-26)

SEC. 93-5-26. Noncustodial parent’s right of access to records and information pertaining to minor children.

Notwithstanding any other provisions of law, except those provisions protecting the confidentiality of adoption records and except for cases in which parental rights have been legally terminated, access to records and information pertaining to a minor child, including but not limited to medical, dental and school records, shall not be denied to a parent because the parent is not the child’s custodial parent if such parent’s parental rights have not been terminated by adoption or by a termination of parental rights proceeding.

Legal custody includes sharing the status of the child’s well-being and location in emergency situations. Madison County Chancery Court requires specific language that states;

“IT IS FURTHER ORDERED that in the event of a threat, disaster, or other emergency, such as  a hurricane, which causes an emergency evacuation, any party who has custody of a mInor child (either physical custody or visitation) shall notify the other parent of the location and well-being of the minor as soon as reasonably possible.“

While this should be common sense, divorced parties and warring parents are not always known for exercising common sense.  So please let the other parent know that the children are safe, where they are and how to contact them. 

Stay safe and stay dry.

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

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