Tuesday, November 12, 2013

Joint Custody

The Mississippi Court of Appeals handed down Clark v. Clark today located here.  To me, this is a little bit of an interesting case.  The parties agreed on sharing joint legal custody but submitted the issue of physical custody of the parties' minor child to the Court.  The Court awarded custody to the Mother and the Father appealed.  The Court of Appeals reversed the case and stated that there was no finding by the Court that joint physical custody between the parties would not work.  They reversed the case to determine if joint physical custody was possible. To me, this case almost sounds like that if the Albright factors and such warrant it, the Court has to make some kind of finding on the record that joint physical custody will not work. 

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