child through an on-the-record analysis (Mississippi) · Go Syfert
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child through an on-the-record analysis in Mississippi

15 Mississippi opinions name it 2 courts 2007–2019 0 in the last five years

The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
In Re Marriage of Leverock & Hambygreen
miss · 2009 · cited in 12 Mississippi opinions naming this issue, 2007–2019
2 sentences

2019Following his determination that April had relinquished her right to the natural-parent presumption, the chancellor considered “whether an award of custody to [David] w[ould] serve the child’s best interests.” See Davis, 126 So. 3d at 37 (“If the natural-parent presumption is successfully rebutted, the court may then proceed to determine whether an award of custody to the challenging party will serve the child’s best interests.” (citing Smith, 97 So. 3d at 46 )); see also Leverock, 23 So. 3d at 431 (“If the court finds one of these factors 16 has been proven, then the presumption vanishes, and

2016“If the court finds one of these factors has been proven, then the presumption vanishes, and the court must go further to determine custody based on the best interests of the child through an on-the-record analysis of the Albright factors.” Pendleton v. Leverock, 23 So.3d 424, 431 (¶ 24) (Miss.2009) (citing In re Custody of M.A.G., 859 So.2d 1001, 1004 (¶ 6) (Miss.2003)). ¶ 12.

712
In Re Custody of MAGgreen
miss · 2003 · cited in 5 Mississippi opinions naming this issue, 2007–2019
2 sentences

2019Following his determination that April had relinquished her right to the natural-parent presumption, the chancellor considered “whether an award of custody to [David] w[ould] serve the child’s best interests.” See Davis, 126 So. 3d at 37 (“If the natural-parent presumption is successfully rebutted, the court may then proceed to determine whether an award of custody to the challenging party will serve the child’s best interests.” (citing Smith, 97 So. 3d at 46 )); see also Leverock, 23 So. 3d at 431 (“If the court finds one of these factors 16 has been proven, then the presumption vanishes, and

2016“If the court finds one of these factors has been proven, then the presumption vanishes, and the court must go further to determine custody based on the best interests of the child through an on-the-record analysis of the Albright factors.” Pendleton v. Leverock, 23 So.3d 424, 431 (¶ 24) (Miss.2009) (citing In re Custody of M.A.G., 859 So.2d 1001, 1004 (¶ 6) (Miss.2003)). ¶ 12.

55
Albright v. Albrightgreen
miss · 1983 · cited in 5 Mississippi opinions naming this issue, 2007–2019
2 sentences

2019In Albright, 437 So. 2d at 1005 , this Court enumerated various factors that must be considered in child custody determinations.

2013The chancellor “must go further to determine custody based on the best interests of the child through an on-the-record analysis of the Albright factors.” Id. (citing Albright v. Albright, 437 So.2d 1003, 1005 (Miss.1983)). ¶ 21.

45
Kdf v. Jlhgreen
miss · 2006 · cited in 2 Mississippi opinions naming this issue, 2009–2009
2 sentences

2009In re Custody of M.A.G., 859 So.2d 1001, 1004 (Miss. 2003); see K.D.F. v. J.L.H., 933 So.2d 971, 981 (Miss.2006); Logan v. Logan, 730 So.2d 1124, 1127 (Miss.1998).

2009In re Custody of M.A.G., 859 So.2d 1001, 1004 (Miss. 2003); see K.D.F. v. J.L.H., 933 So.2d 971, 981 (Miss.2006); Logan v. Logan, 730 So.2d 1124, 1127 (Miss.1998).

22
Logan v. Logangreen
miss · 1998 · cited in 2 Mississippi opinions naming this issue, 2009–2009
2 sentences

2009In re Custody of M.A.G., 859 So.2d 1001, 1004 (Miss. 2003); see K.D.F. v. J.L.H., 933 So.2d 971, 981 (Miss.2006); Logan v. Logan, 730 So.2d 1124, 1127 (Miss.1998).

2009In re Custody of M.A.G., 859 So.2d 1001, 1004 (Miss. 2003); see K.D.F. v. J.L.H., 933 So.2d 971, 981 (Miss.2006); Logan v. Logan, 730 So.2d 1124, 1127 (Miss.1998).

22
Sellers v. Sellersgreen
miss · 1994 · cited in 2 Mississippi opinions naming this issue, 2014–2014
2 sentences

2014In child-custody cases, “the polestar consideration is in the best interest of the child.” Sellers v. Sellers, 638 So.2d 481, 485 (Miss.1994).

2014See also Leverock, 23 So.3d at 431; Sellers, 638 So.2d at 485 (quoting Moody v. Moody, 211 So.2d 842, 844 (Miss.1968)) ("it is the strong policy of the law of this State that a child shall remain in the custody of one of the parents unless there has been a clear showing that both are unfit”). 9 .See also Leverock, 23 So.3d at 431 ("If the court finds one of these factors has been proven, then the presumption vanishes, and the court must go further to determine custody based on the best interests of the child through an on-the-record analysis of the Al-bright factors”). 10 .

12
Davis v. Vaughngreen
miss · 2013 · cited in 1 Mississippi opinions naming this issue, 2019–2019
1 sentence

2019Following his determination that April had relinquished her right to the natural-parent presumption, the chancellor considered “whether an award of custody to [David] w[ould] serve the child’s best interests.” See Davis, 126 So. 3d at 37 (“If the natural-parent presumption is successfully rebutted, the court may then proceed to determine whether an award of custody to the challenging party will serve the child’s best interests.” (citing Smith, 97 So. 3d at 46 )); see also Leverock, 23 So. 3d at 431 (“If the court finds one of these factors 16 has been proven, then the presumption vanishes, and

11
Moody v. Moodygreen
miss · 1968 · cited in 1 Mississippi opinions naming this issue, 2014–2014
1 sentence

2014See also Leverock, 23 So.3d at 431; Sellers, 638 So.2d at 485 (quoting Moody v. Moody, 211 So.2d 842, 844 (Miss.1968)) ("it is the strong policy of the law of this State that a child shall remain in the custody of one of the parents unless there has been a clear showing that both are unfit”). 9 .See also Leverock, 23 So.3d at 431 ("If the court finds one of these factors has been proven, then the presumption vanishes, and the court must go further to determine custody based on the best interests of the child through an on-the-record analysis of the Al-bright factors”). 10 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
In re Smith v. Smith green
lactapp · 2012
1 sentence

2019Following his determination that April had relinquished her right to the natural-parent presumption, the chancellor considered “whether an award of custody to [David] w[ould] serve the child’s best interests.” See Davis, 126 So. 3d at 37 (“If the natural-parent presumption is successfully rebutted, the court may then proceed to determine whether an award of custody to the challenging party will serve the child’s best interests.” (citing Smith, 97 So. 3d at 46 )); see also Leverock, 23 So. 3d at 431 (“If the court finds one of these factors 16 has been proven, then the presumption vanishes, and

12019–2019

Statutes the citing opinions construe

MS § Miss. Code Ann. § 93-5-24 (8) MS § Miss. Code Ann. § 93-13-1 (5) MS § Miss. Code Ann. § 93-15-101 (3) MS § Miss. Code Ann. § 93-15-103 (3) MS § Miss. Code Ann. § 93-15-105 (3) MS § Miss. Code Ann. § 93-15-109 (3) MS § Miss. Code Ann. § 93-17-3 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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