Albright v. Albright

In Albright v. Albright, 437 So. 2d 1003, 1005 (Miss. 1983), the Mississippi Supreme Court also acknowledged the weakening of the tender years doctrine in determining who is the proper parent to receive the custody of the child. Id. The age of the child is just one factor to be considered by a chancellor when making a determination of custody and should carry no more weight that any of the other factors. Id. In Albright, 437 So. 2d at 1005, the Mississippi Supreme Court listed several factors to be considered by a chancellor when determining which parent should receive the custody of the child or children in question. Those factors are as follows: "health, and sex of the child; a determination of the parent that has had the continuity of care prior to the separation; which has the best parenting skills and which has the willingness and capacity to provide primary care; the employment of the parent and responsibilities of that employment; physical and mental health and age of the parents; emotional ties of parent and child; moral fitness of parents; the home, school and community record of the child; the preference of the child at the age sufficient to express a preference by law; stability of home environment and employment of each parent, and other factors relevant to the parent-child relationship." The Supreme Court reaffirmed "the rule that the polestar consideration in child custody cases is the best interest and welfare of the child." Id. The Supreme Court has instructed chancellors, when making custody decisions, to consider the age of the child, the health and sex of the child, the continuity of care prior to the separation, parenting skills and willingness to provide primary child care, employment and responsibilities of employment, physical and mental health and age of the parents, emotional ties of parent and child, moral fitness of parents, the home, school and community record of the child, the preference of the child, stability of the home environment and employment of each parent, and other factors relevant to the parent-child relationship. Id. One individual factor should not carry any greater weight than the others. Id.