Who wins? In family law, there often isn’t a “winner” in the traditional sense, and that’s by design. The legal system, especially in child custody cases, is structured to prioritize the best interests of the child, not the wants of the parents. Children need both parents but not all cases can be a 50/50 split custody. Let’s start with the two types of custody – legal custody and physical custody. Legal custody means decision making rights related to a child’s health, education and welfare. Joint legal custody is the norm in Mississippi unless extreme circumstances exist (e.g., sex offender, violent felon). Losing legal custody doesn’t terminate parental rights, but it seriously limits authority. Physical custody – this is where things become more contested because one parent typically has the child more than 50% of the time.
So, if most parents get joint legal custody, who “wins” a physical custody case? In Mississippi, physical custody decisions are based on the Albright factors, not who’s the better parent in general, but who can best serve the child’s needs at the time. The Albright case was one decided in the Mississippi Supreme Court in 1983 and was filed between two enlisted personnel both in the United States Air Force (USAF). The case comes from right here in the Second Judicial District (Biloxi) of Harrison County. From that case, twelve factors were set forth to apply in all custody cases in Mississippi. For a breakdown of each factor, see this guide I wrote way back in 2011 here. The factors are: 1. The age, health and sex of a child; 2. The parent that has had the continuity of care prior to the separation; 3. The parenting skills of each parent; 4. The parent that has the willingness and capacity to provide primary child care; 5. The employment of each parent and the responsibilities of that employment; 6. The physical and mental health of the parents; 7. The emotional ties between parent and child; 8. The moral fitness of the parents; 9. The home, school and community record of the child; 10. The preference of a child of the age sufficient to express a preference by law (12 years of age or older); 11. The stability of the home environment and employment of each parent; and, 12. The other factors relevant to the parent-child relationship. Albright v. Albright, 437 So. 2d 1003.
The Goal Isn’t to “Win,” It’s to Serve the Child
If both parents leave the courtroom a little unhappy, it often means the judge struck a fair balance.
50/50 physical custody isn’t always realistic or appropriate.
Judges may favor one parent slightly more, but every case is fact-specific.
In Summary:
Joint legal custody is the default, unless disqualifying factors exist.
Physical custody is awarded based on what’s best for the child, using the Albright factors.
The court’s goal isn’t to reward parents but to protect and support the child’s development and stability.
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