by J. Tyler Cox
As many of our readers know, the foremost consideration in any custody decision is the best interest and welfare of the child. A way for chancellors to navigate the interests and emotions involved in custody battles, courts created a list of factors to ensure that the chancellor considers all the relevant facts before making a decision, known as the Albright Factors. Many assume that no other factor is more contested than the consideration of each of the parents physical and mental health. However, this factor is most often found neutral, not favoring one parent over the other.
During child custody cases, parents’ physical and mental health information is made available via testimony of those parents. For example, a mother may testify as to her paranoia and suicidal feelings, in which the chancellor would take that into consideration when weighing that against a father with no record of mental or physical health problems. In cases like that, the chancellor could decide that the mother was the less mentally fit of the parents, thus awarding custody of the child to the father.
However, often the allegation of a physical or mental deficiency is made by one parent to the other. Clients who come into our office often suspect that something is making the other spouse act the way they are, which is usually decided to be a mental issue. Unless a chancellor finds factual support that one parent is suffering from mental health issues, a court will usually find that this factor favors neither parent. When a chancellor finds this factor neutral, the court will usually turn to other factors to decide the custody of the child.
The worry of physical disabilities impacting a custody decision is also something we encounter when speaking to clients. Health problems are no stranger in Mississippi, from diabetes to PTSD to cancer. These can surely be cause for concern when giving custody of a child to a parent, so it is important for parents with these conditions to have it relatively under control so that they can devote more time to taking care of the child.
Often, concerns about this factor are based on a fear of “what the other parent will say.” However, absent a showing of a condition that causes the chancellor great concern, the mental and physical health of each parent is a neutral factor. Courts are aware of the adversarial nature of these cases, and therefore require proof of a condition that may impact the child negatively. If you or anyone you know has a question about this factor or any other Albright Factor, or any other law pertaining to custody, call an attorney to assist you in this turbulent time. Please continue to keep following this series as we explore and discuss each of the Albright Factors.
Let us know if you have any comments or questions, we can be reached at (228)224-6781 or firstname.lastname@example.org. Thank you for reading!