Jackson Child Custody Lawyer

Ultimately, child custody is determined based on what is in the “best interests of the child.” Gone are the days when courts assumed that custody with the mother was in the child’s best interests. Today, according to the Mississippi Bar, 12 factors are considered to determine child custody. These factors are:

• Age, Health, and Sex of the Child. The age and health of the child will affect a child’s need for stability. Younger children may need more stability and less back and forth between parents while older children may want more of a say about where they live and how often they visit each parent.
• Which Parent Cared for the Child? Every family has its own dynamics when it comes to child-rearing. If one parent is the child’s primary caretaker, the courts tend to favor parenting plan arrangements that maintain stability for the child. The parent who spent the most time caring for the child and who can show evidence of this would most likely receive custody.
• Parenting Skills. The court can assess each parent for their parenting abilities and skills and award custody to the parent with the “best” parenting skills. Of course, evaluation of parenting skills can be subjective, and this is where it can be important to have a child custody lawyer in Jackson, Mississippi on your side to evaluate how the court is making these determinations.
• Willingness and Capacity to Care for the Children. Does one parent have a more stable home, more stable job, and more time to care for the children? For example, one parent may have a stable job in terms of income, but if the job requires frequent travel or doesn’t allow the parent to be home often, the parent who has more time to be with the children might receive custody.
• Employment Responsibilities. The courts will evaluate each parent’s employment situation to determine which parent might have the best capacity to care for the children.
• Physical, Mental Health, and Age of the Parents. While disability alone shouldn’t be grounds for a parent to lose custody, a parent who has greater stability in terms of health might be awarded custody.
• Emotional Ties. The court or court-appointed psychologists may evaluate the children’s emotional connection to each parent and award custody to the parent with whom the children have the closest emotional connection.
• Parents’ Moral Fitness. The court may look at a parent’s criminal history, history of domestic violence or abuse, or other factors. This could affect determinations of custody.
• Child’s Home, Community, and School. The parent that allows the child to maintain connections to his current home, community, and school may be awarded custody to allow for continuity and consistency in the child’s life. In general, the courts tend to favor child custody arrangements that preserve stability.
• The Child’s Preferences. If the child is over age 12, the court may ask the child what he or she wants.
• Each parent’s home life and employment situation may be evaluated and the parent with the most stable situation may be awarded custody.
• Any other factors.

When the courts make custody determinations, they often make determinations on two types of custody: legal custody and physical custody. Legal custody refers to the rights of both parents to make decisions regarding the child’s health, education, and care. Unless there are compelling reasons to protect the best interests of the child, the courts tend to award shared legal custody in most situations. In general, under the law, both parents deserve to have a relationship and custody of their children. Physical custody refers to where a child will reside. This is often the main question at stake in most parenting plans. There are many ways parents can choose to share custody time. In some cases, parents split time equally; in other cases, the child resides with one parent, with the other parent having visitation.

Child custody can be one of the most legally fraught and emotional aspects of your divorce. A child custody lawyer in Jackson, Mississippi at the Law Offices of Andrew Sorrentino, PLLC may be able to help. We can review your situation, help you understand your rights, and help you negotiate or litigate a child custody agreement that is right for you and your family.