Child Custody in Mississippi Cont'd

Jackson Lawyer Skilled in Family Law Matters

(Continued from Child Custody)

  1. Which Parent Gets Custody

    In Mississippi, it is now presumed that mothers and fathers are equally entitled to custody of their children. In addition to the presumption of equality, other presumptions also directly influence custody actions in Mississippi. These include the presumption in favor of a natural parent, the presumption against custody to a violent parent, and the presumption in favor of joint custody upon request by both parents. It is important to remember that the polestar consideration in custody cases is the "best interests and welfare of the child". Chancellors in Mississippi always determine custody based on this "best interests" approach or test. Jackson child custody lawyer M. Devin Whitt can help you understand the factors that will be considered.

    So how exactly does a court determine what is in the best interests of your child when it comes to custody? This is a question that is fair to ask but often difficult answer. In Albright v. Albright, the Mississippi Supreme Court adopted twelve factors to use in weighing what is in the best interests of a child when determining which parent should have custody. These factors are as follows:

    [1] Age, health and sex of child;
    [2] Continuing care of child prior to (and after) separation;
    [3] Parenting skills of each parent;
    [4] Capacity to provide child care and employment responsibilities of parents;
    [5] Physical and mental health and age of parents;
    [6] Alcohol and drug use;
    [7] Emotional ties of the parent and child;
    [8] Moral fitness;
    [9] Home, school and community record of child;
    [10] Preference of a child twelve or older;
    [11] Stability of the home environment and employment of each parent; and,
    [12] Other relevant factors that should be considered in best interests of child.

    When determining custody, my experience is that a court will first apply the presumptions discussed above. If the presumptions do not decide the custody issue, then the court will engage in a thorough Albright analysis to determine which parent(s) should be awarded custody and why. If you are seeking custody of your child, it is critical that you retain a child custody attorney in the Jackson area who will be prepared to elicit facts from you and any witnesses to zealously advocate your custody case under Albright.

  2. Contact our Office

    As an experienced Jackson child custody attorney, I will be on your side to navigate the complex issues of child custody and support, zealously protect your interests, and offer direct, meaningful legal advice designed to achieve your desired results. I have litigated these custody and support cases throughout Mississippi and have the capability and resolve to guide you through your family crisis should you need assistance. Should you need professional, aggressive representation in child custody, support, modification, contempt or other family law matters, please contact my firm, The Law Offices of M. Devin Whitt, PLLC, at 601.607.5055.

Client Reviews
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Devin handled my case with the attention and compassion you need when going through tough times in life. I always felt he had my back and fought for my best interests at all times throughout the ordeal. I would recommend Devin to anyone in need of an attorney. In fact, I already have!
★★★★★
From the first time that I met Devin he was very friendly, courteous and passionate of being the Attorney that he would want serving him. He spent countless hours working to ensure that fair treatment was being delivered to me and my family. Very organized, timely, response to all my request. I had a very complicated case that extended longer than anticipated and he stayed on task, very optimistic, very driven for results and was able to deliver what I was seeking out for from the first meeting that I had with him. He never mislead me or promised me the world. He was very objective and realistic in what he felt he could deliver. I appreciate all that he did for me during this time and I will continue to use him for all of my future needs. If you family ever needs honorable, competent, caring representation in a case, then Devin Whitt is the Attorney you will be pleased with. Michael D.
★★★★★
Devin Whitt was very helpful and successful on achieving the desired results for my case! My case was over a year long, and Devin sought additional ways needed to solve my legal issues. He could’ve quit and said, “That’s the way it is”, but he continued to go to bat for me until he hit the HOMERUN. Even after the successful case, Devin called to check on me to ensure that I knew the additional steps needed to completely clear my name. Devin was prompt when returning phone calls. I have recommended Devin once and would HIGHLY recommend him to anyone regardless of their legal issues. If you want to be successful in your case, don’t look any farther. Pick up the phone and call Devin! Immediately!! Parker R.
★★★★★
My experience with Mr. Whitt was positive from the first moment I consulted with him. I can't think Mr. Whitt enough for his help with my custody case. He was attentive, thorough, and helpful throughout a difficult time for me. He always kept me updated with the progress of my case and made me feel as if we were working together as a team. He was always available to me when I had questions pertaining to the matter, and he was always willing to take the extra time to make sure I understood everything in the process. I highly recommend Devin Whitt! Jennifer N.
★★★★★
Attorney Devin Whitt is awesome! He told me that he was going to do his best, and his best exceeded my expectations! For excellent representation, I highly recommend Attorney Whitt! Althea S.
★★★★★
Devin Whitt is absolutely the person you need to call when needing representation in a divorce case! He is the reason today that i have full custody of my 3 boys. Devin fought when nobody else gave me any hope. These days when many attorneys will concede children over to alcoholic and drug addicted mothers Devin said NO! He stood up and fought for me and my boys and we won. Thanks to Devin they are now in a stable home with me and their step mother, doing well in school and bright futures ahead. The alternative would have been living with an alcoholic and drug addicted mother and boyfriend. Thank you Devin for all you have done for me and my boys! Do not hesitate, CALL Devin Whitt today and be represented by the best!. David A.