Albright Factors Law & Legal Definition


Under Missisippi law, the Albright factors are the standard of review in child custody. The term comes from a child cusotdy case, Albright v. Albright, 437 So. 2d 1003, 1005 (Miss. 1983). The court in Albright held that the polestar consideration is the best interest of the child.

The factors used to determine what is in the "best interests" of a child with regard to custody are: (1) age, health and sex of the child; (2) determination of the parent that had the continuity of care prior to the separation; (3) which parent has the best parenting skills and which has the willingness and capacity to provide primary child care; (4) the employment of the parent and responsibilities of that employment; (5) physical and mental health and age of the parents; (6) emotional ties of the parent and child; (7) moral fitness of the parents; (8) the home, school and community record of the child; (9) the preference of the child at the age sufficient to express a preference by law; (10) stability of home environment and employment of each parent; and (11) other factors relevant to the parent-child relationship.