“I have Joint Custody.”
I hear this often,”…but I have Joint Custody!” However, the Court Order determines what you have.
There are 2 types of Custody in Mississippi Law. Legal Custody and Physical Custody.
Legal Custody is the decision-making right regarding the child related to their health, education and general welfare. It requires the parents to keep the other reasonably informed of the child’s goings-on. It is commonly Joint Legal Custody, but this has no bearing on the schedule.
Physical Custody is where the child resides on a primary basis. Within Physical Custody there are typically 2 types. 1) One parent has Physical Custody subject to the other parent’s rights of visitation, or 2) Joint Physical Custody. Joint Physical Custody does not require it be a 50/50 time split, however it is defined as each parent spending a substantial amount of time with the child.
Joint Legal allows access to information and creates an obligation for consultation regarding issues concerning the child. Joint Physical is “Joint Custody.”
Matthew Thompson is a Mississippi Child Custody attorney.
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
When mom and dad are getting a divorce, or even if not married, custody is frequently an issue. In the event that they cannot agree to the Custody arrangement, the Court will decide for them by applying the Albright Custody factors.
Within these factors there are a few which carry more weight than others. (Ultimately the Jude determines the weight of each). Today’s blog is focusing on the “continuity of care prior to separation.” This means who has been the primary caregiver. To determine this the Court conducts a factual review of the parties actions and conduct with regards to being the primary caregiver and knowing the things primary caregivers know.
Primary caregivers know;
- School teacher(s)
- Day care provider(s)
- Close friends of the child
- Child’s favorites; food, colors, TV shows, toys
- Child’s physical health issues
- Clothes sizes
- Shoe sizes
Primary caregivers do the following;
- Get the child ready for their day
- Cook, clean, wash, bathe the child
- Take the child to and from school
- To and from the Dr.’s visits
- Birthday parties at the Jump Zone
- School programs
- Extracurricular Activities
- Clothes shopping
- Shoe shopping
- Santa Clause, Tooth Fairy, Easter Bunny
While the division of the above chores is rarely even, and each parent has their role, more often than not one parent is doing more and the Court will consider the facts when determining continuity of care.
*The Court determines the weight of each factor. Even if a parent was favored in continuity of care, that factor alone does not provide that they will gain custody in every circumstance.
Thompson Law Firm, pllc Matthew@wmtlawfirm.com (601) 850-8000