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. 

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