Click here for a PDF document provided by the Circuit Court of Shelby County.

Agape Child and Family Services, Inc.

111 Racine Street

Memphis, TN 38111

(901) 323-3600

Christian Psychological Center, Inc.

3978 Central Avenue

Memphis, TN 38111

(901) 458-6291

Doyle Family Counseling

Contact Person: Matt Doyle, MS, LPC

110 Timbercreek Drive

Cordova, TN 38018-4234

(901) 309-0719

The Exchange Club of Memphis

2180 Union Avenue

Memphis, TN 38104

(901) 276-2200

Family Services of the Mid-South

Contact Person: David Frankle

2430 Poplar Avenue

Memphis, TN 38112

(901) 324-3637

Paula Honeycutt

Offered at: Collierville Community Center, Agricenter International & in Cordova

(tel) (901) 755-7747

(fax) (901) 737-1534

Jewish Family Services

6560 Poplar Avenue

Memphis, TN 38138

(901) 767-8511

Mind-Steps

6401 Poplar Avenue, Suite 306

Memphis, TN 38119

(901) 869-0520

Turning Point Counseling

Contact Person: Bobby Scott, MA, LMTT

7183 Goodman Road, Suite D

(662) 893-6556

Southwest Tennessee Community College Continuing Education

5983 Macon Road

Memphis, TN 38134

(901) 333-4207

(901) 333-4208

Classes held on several campuses

University of Tennessee

Agricultural Extension Service

Contact Person: Cathy Faust

5565 Shelby Oaks Drive

Memphis, TN 38134

(901) 544-0243

The third installment on our series we examine how courts consider either parents practical abilitities to care for a child by considering the capacity, age, and physical and mental health of the prospecitve caregiver.

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5. Capacity

This is generally a court’s exploration of employment responsibilities and the compatibility with that parents work requirements and their ability to provide childcare. It is a strictly time based inquiry. The parent that can spend the most time with the child is supported by this factor. Relevant issues include the ability to work from home, take the child to work, pick the child up from school, be home during the summer break, and the proximity of the parent’s worksite to the child.

6. Age, Physical and Mental Health of the Parents

Physical disability will only matter if it impairs a parent’s ability to care for a child. Evidence of serious mental or emotional illness may support a denial of custody in severe cases. In less severe cases the inquiry goes yet again into the stability of the home life provided for the child. Past mental or emotional problems will not bar custody without a showing that they affect the current home environment. Abuse of Drugs, prescription drugs, and alcohol may cause a parent’s mental health to be questioned; especially when backed up by DUI or other convictions. A parent’s use of alcohol without abuse will not adversely affect the parent. Age is rarely discussed and is not a prime consideration unless the age is so advanced it will impair the ability to raise a child.

Continue HERE for Part I of What Courts Look at in Custody Disputes

For Part II of What Cours Look at in Custody Disputes Continue Here

Today we continue examining what factors Judges consider when ruling on a custody dispute.

3. Continuing Care of the Child

The idea of continuing care has taken the same legal status that the maternal preference used to have.  Courts look here to the day to day activities to determine which parent provided care. The inquiry includes a question of who bathed, dressed, put to bed, prepared meals, arranged babysitters and extracurricular activities, bought clothing and other items, dealt with medical care, read to, played with and made educational arrangements for the child. While not stated in statute or in case law this is the most heavily weighted factor in Mississippi. Courts rely heavily on this factor, especially when awarding custody to the father. Courts have awarded custody based on this factor in spite of compelling moral factors that may mitigate against a custody award (we will address these later) such as bigamy or adultery. Courts have awarded custody to a mother with severe emotional problems on the policy of continuity of care for the child.  Continuity of care, like any of the factors, is subordinated to strong parenting skills and a stable environment. Claiming continuity of care when a third party (here the ex-husbands parents) did a majority of the work is insufficient.  Courts will look at continuity of care before the separation period and during all other periods of custody.

4. Parenting Skills

Courts also look to more physical activities and daily routines to evaluate each parent’s parenting skills and determine each parent’s ability to provide physical care, support, discipline and guidance, under the totality of the circumstances.  Courts inquire as to who met personal hygiene and medical needs, whether the parent orchestrated appropriate social engagement and extracurricular activities, whether the parent spent free time with the child. Courts have also awarded custody based on improved behavior and school attendance while in the custody of one parent; and on one parent’s pursuit of adequate counseling and other educational needs. Factors indicative of poor parenting skills include failure to supervise or prevent harm, failure to make ones home safe, exposure of the child to parental disputes, harassment of the other parent, voluntary or forced relinquishment of rights concerning other children, or disobedience of any custody orders. Courts have denied custody based on a finding of inability to take personal responsibility for ones actions.

Read PART 1 about what memphis courts look at concerning child custody disputes.

  

     There are lots of myths and advice in circulation pertaining to divorce. What you can or cannot do, what a friend might say or might have just heard. Often such conflicting information can add more stress, uncertainty, and even cause parties with good intentions to make serious mistakes. No publication can take the place of an individual consultation with your attorney, but a knowledge of what courts consider in a Mississippi or Memphis divorce may clear up some confusion and prepare you to meet with your attorney. This week we will explore what judges consider and do not consider when determining disputed custody.

     The overarching theme of all of Mississippi custody law is to determine what is in the best interest of the child. If Joint custody is requested a judge will automatically assume joint custody is in the best interests of the child.  If there is a dispute over custody Judges will look at 12 areas (known in Mississippi as the albright factors) to determine what type of placement is in the child’s best interest.   

1. The Age of the Child

     Mississippi courts are no longer allowed to base custody decisions solely on the idea that the child is of tender years and the mother is best equipped to nurture a child.  But, the judge is still free to indulge a general presumption that a mother is best suited to raise a young child.  As a general rule a fit mother who has been the child’s primary caretaker is likely to win custody based on that factor and on the fact that the mother was the primary caregiver (we will look at that factor later). But this presumption applies only to very young children.  When a child can be cared for equally by either parent then that factor is no longer applicable. In Mississippi possibly children as young as four years of age have been ajudged to be capable of being cared for by wither the Mother or the Father. Recently there has been a trend of growing judicial acceptance of fathers as primary care givers. Fathers who have been the primary care giver to the child have also won exclusively on those grounds.

2. The Sex of the Child

      Older children may be adjudged to do better when in custody with the same-sex parent based on the importance of a strong gender role model; this is especially prevalent in boys. This could be a supporting issue for the judicial opinion but the most important factor to a judge will be to find the prior caretaker, with the strongest parenting skills who can provide a stable home environment.  An example of the Court not taking this factor to extremes would be a recent Mississippi case where the father was awarded sole custody of his two daughters because he had superior parenting skills and provided a more stable home environment.

     These two factors displace a lot of common myths about child custody. There are no presumptions that cannot be overturned with facts about what is in the best interest of the child. Tomorrow we will further explore what factors courts consider when awarding custody.  If you are currently in, or may be in a custody suit, please contact our Memphis Divorce and Family Lawyers for a consultation.