Tuesday, May 20, 2014

Weight Given to Albright Factors

In custody cases in Mississippi, the trial court is guided by the Albright factors for custody.  The factors are not the equivalent of a mathematical formula.  (i.e. who gets the most factors is not supposed to obtain custody).  However, this is how it is often applied.   In a lot of cases, each parent will be favored on some factors.  In these cases, I think the next area the caseload will be going is how much weight the court assigns to each factor.  This is one thing I have seen very few chancellors do and may be worth a post-trial motion.  In cases, there are often situations where one Albright factor may be given so much weight that it can override the others.  (i.e. mental health, parenting skills).   This is particularly important where the case is close. 

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