Tuesday, November 17, 2015
Bound by Albright
I heard an interesting comment by a chancellor recently regarding Albright. The general idea was that they are not bound by Albright in a custody analysis. It does not sound right but it is correct. The best interest of the child is what governs custody. Albright is a guide but the court can generally weigh those factors in whatever manner they see fit to find the best interest of the child. I am aware of at least one or two unreported cases where a parent was only favored over the other parent on one or two Albright factors but ended up with custody due to the weight given those factors.