by J. Tyler Cox
A child’s home, school and community environment will have a huge impact on that child’s development as a person, and will likely shape them for the rest of their journey through life. This is where they will form bonds of friendship, get involved in the community, and get an education that will help them meet the challenges of adulthood. One of the most common misconceptions regarding this factor is that a court will only look to whether a change in custody will result in the child being “uprooted” from their community or school. While this is certainly a potential aspect in a chancellor’s analysis of this consideration, a chancellor will ultimately focus more on each of the parent’s ability to take their children to and from school on time and the children’s absences from school while in each parent’s custody. The courts primarily focus on whether the child(ren) are in a stable environment and if awarding custody to another parent would improve or provide that stability.
Courts have regularly weighed this factor unfavorably against a parent if/when a parent relies on others to drop off and pick up their children from school. For example, the Court of Appeals in Mississippi has found in recent cases that when one parent habitually struggles getting their child to school on time, that is weighed negatively against them in favor for the other parent, even if the other parent would need to “uproot” their children in order to be awarded custody.
When considering this Albright factor, the court also focuses on the child’s attendance in school when in the custody of each parent. If the child has an abundance of absences from school while in the care of the mother, that fact would be weighed unfavorably against her in the determination of custody. Also, for instance, if while the father had custody the family moved frequently and the children were forced to change schools and communities often, a chancellor would certainly weigh that fact against the father, especially if the mother has maintained stable household.
We talk to many people who have questions about this factor and many who come into our office have concerns about how their child’s school and community record will affect their case. The home, school, and community record of the child is but one factor among many in a chancellor’s Albright analysis when determining child custody. If you, or anyone you may know, have any questions about how this factor or others may impact your case, call an attorney to discuss your case.
If you would like to ask a question or make a comment, please call (228)224-6781 or email editor@thegazebogazette.com. Thanks for reading.
