Written by attorney Mary Elizabeth Milek

Factors for Determining Child Custody in Mississippi

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The Albright factors are not, as the supreme court has stated, a mathematical formula. Chancellors are instructed to weigh the parents’ relative merits under each factor, a parent who has more factors on his/her side is not necessarily entitled to custody. In some cases, one or two factors may control an award. The Chancellor has the ultimate discretion to judge the weight and credibility of evidence. Chamblee v. Chamblee, 637 So.2d 850, 860 (Miss. 1994); Johnson v. Gray, 859 So.2d 1006, 1013-1014 (Miss. 2003).

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