Mississippi Appeals Court: Albright Factors Applied Correctly; Custody Order Stands. BY: Shari M.

From the Mississippi Appellate Court, this is the case summary of May v. May from LexisNexis Academic. Link: http://statecasefiles.justia.com/documents/mississippi/court-of-appeals/2012-ca-00402-coa.pdf?ts=1360094734

Title: Mississippi Appeals Court: Albright Factors Applied Correctly; Custody Order Stands.

The Appellate Court in Mississippi reviewed the decision of the case May v. May, to determine if the Albright Factor was correctly applied to the case. The decision stands due to the lack of merit to the appellant’s claims.

The mother and appellant, Victoria Sebren May, divorced appellee James May on June 14^th 2011, due to irreconcilable differences. Custody of their minor son, Eli, was awarded to James and Victoria was ordered to pay $300.00 a month for child support.

Victoria believes the chancellor was incorrect about four of the factors applied to her case. Those factors were as follows: the continuity of care prior to separation; parenting skills and the willingness and capacity of primary child care; employment and responsibilities of that employment; and the home, school, and community record of the child. The chancellor found that the first two factors did not favor either parent but the last two factors favored James; which was ultimately why custody was granted to him.

The argument Victoria brought to the Appeals Court did not prove that the chancellor erred in his decision when applying the factors of Albright to her case. Sighting that James’ mother would care for Eli more than James would, did not prove the chancellor erred in his decision. Victoria also sights that James had six different jobs during the nine years they were married. Again, this was not sufficient evidence of an err by the chancellor. Without the sufficient evidence required to overturn the decision made by the district court, the original ruling is affirmed.