Tuesday, March 3, 2015

Reverse Engineering Custody Modification

The law in Mississippi regarding custody modification is clear.  The party seeking a modification must prove by the preponderance of the evidence a substantial and material change in circumstances, adversely affecting the minor child which is likely to continue, and that the best interest of the minor child will be served by modifying custody.  The best interest is determined by addressing the Albright factors.  One does not get to the Albright factors unless the other two prongs are shown first.  However, I think one can reverse engineer a custody modification to some degree.  If you can show the Abright factors are so heavily weighed in the favor of one party, the facts that show these often will produce enough proof to meet the first two prongs.  As such, the best way to start these cases sometimes is with an Albright analysis and then use the things found in the Albright analysis to show a change in circumstances.  The change in circumstances does not have to be something big, but a lot of little things can add up. 

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