Child Custody Determination in Mississippi

The factors that the court must consider in awarding child custody are set out in Albright vs. Albright, 437 So.2d 1003, 1005 (Miss. 1983)

The factors are:

  1. Age, health and gender of the child.
  2. Parent having continuity of care prior to the separation.
  3. Parent with best parenting skills and willingness and capacity to provide primary child care.
  4. Employment of the parent and responsibilities of that employment.
  5. Physical and mental health and age of the parent.
  6. Emotional ties of parent to child.
  7. Moral fitness of the parent.
  8. Home, school and coomunity record of the child.
  9. Preference of the child at age sufficient to express a preference.
  10. Stability of parent’s home environment and employment of each parent.
  11. Relative financial situation of the parents.
  12. Difference in religion of the parents.
  13. Differences in personal values of the parents.
  14. Differences in lifestyle of the parents.
  15. Other factors relevant to the parent-child relationship.

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