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Beasley v. Scott4/19/2005
iscretion in applying the Albright factors, the appellate court "reviews the evidence and testimony presented at trial under each factor to ensure [the chancellor's] ruling was supported by record." Hollon, 784 So. 2d at .
. We must now review the evidence and testimony presented at trial under each Albright factor to determine whether the ruling by the chancellor was supported by the record.
Age, Health and Sex of the Child
. Victoria was born in 1999. There was testimony that Victoria, although having problems with diaper rash in the past, was a healthy girl. Karl testified that he thought Victoria was too skinny, but by most accounts Victoria has a good appetite, and Katrina herself was a smaller child. The chancellor examined photos of Victoria at various ages and determined her to be happy and healthy. In regards to Victoria's age, four and a half years, and sex, female, the chancellor weighed this factor in favor of Katrina. We find that the record supported the chancellor's decision that this factor favors Katrina.
Continuity of Care
. In regards to this factor, the chancellor noted that Victoria's birth was the result of a one night stand and, as a result, the parents never lived together. Katrina has taken care of Victoria since birth, and Karl began his visitation with Victoria in November 2001, only after paternity was established. Although Katrina has given Karl extra visitation, the chancellor found that this factor favored Katrina. We find that the record supported the chancellor's decision that this factor favors Katrina.
Parenting Skills and Willingness and Capacity to Provide Primary Child Care
.The chancellor noted that this factor was difficult. There were allegations that Victoria sometimes appeared dirty and unkempt. There were also allegations that Karl was overbearing and controlling. Karl testified that he had a good rapport with Victoria and treated her just like he treated his other daughter, Madison, with his current wife, Michelle. Karl has a good home and a good job. Karl stated that he was willing to provide for Victoria. On the other hand, Katrina had been taking care of Victoria for two and a half years before Karl even began his visitation. Although Katrina struggled to maintain a home environment for Victoria and did not always exhibit the best judgment in regards to her association with men, Katrina stated that she has finally established a good job for herself and a good home for herself and Victoria. According to the record, although Katrina kept Victoria in day care while she worked, Victoria would also have to be put in day care while Karl worked. The chancellor was not convinced that Karl would even get to see Victoria enough and, considering the above testimony, he weighed this factor in favor of Katrina. We find that the record supports this finding.
The Employment of the Parent and the Responsibilities of that Employment
.Katrina testified that she had a good job at the time of the trial, but since Victoria was born in May 1999, Katrina has had at least seven jobs, most of which she left without notifying her employers. Karl, on the other hand, has worked at Cooper Tire for eleven years and makes a good living. Karl works seven out of fourteen days with twelve-hour shifts. The chancellor weighed this factor in favor of Karl and, according to the record, we find that decision is supported with ample evidence.
Physical and Mental Health and Age of the Parents
.Both Karl and Katrina were thirty-three years old at the time of the trial and both were in good health. According to the record, Katrina had been on antidepressant
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