WALLER, Chief Justice, for the Court:
¶ 1. In a divorce and child-custody dispute between Shannon and Mary Jane Borden, the chancellor awarded custody of their two sons to Shannon, the father. The Court of Appeals affirmed the judgment. Finding that the chancellor gave undue weight to Mary Jane's misconduct under three separate Albright factors, and that the chancellor erred in rejecting the guardian ad litem's recommendation without providing reasons and a summary of the guardian's report, we reverse the judgments of Court of Appeals and the chancery court and remand for further proceedings.
¶ 2. The facts and procedural history have been taken from the Court of Appeals opinion. Borden v. Borden, 130 So.3d 1168 (Miss.Ct.App.2014).
¶ 3. On appeal, Mary Jane claims the chancellor committed two errors: (1) the chancellor improperly award custody of the children to Shannon as a punishment for her inappropriate behavior, and (2) the chancellor erred in not providing a summary of the guardian ad litem's recommendation and a summary of why the chancellor rejected that recommendation.
¶ 4. "The standard of review in child custody cases is limited." Floyd v. Floyd, 949 So.2d 26, 28 (Miss.2007). This Court must "affirm findings of fact by chancellors in [child custody] cases when they are supported by substantial evidence unless the chancellor abused her discretion, was manifestly wrong, clearly erroneous or an erroneous legal standard was applied." Robison v. Lanford, 841 So.2d 1119, 1122 (Miss.2003). "However, where
¶ 5. The polestar consideration in all child-custody cases is the best interests of the child. Albright v. Albright, 437 So.2d 1003, 1005 (Miss.1983). Mississippi courts utilize what are known as the Albright factors to determine the best interests of the child and, thus, child custody. These factors are:
Brekeen v. Brekeen, 880 So.2d 280, 284 (Miss.2004); Albright, 437 So.2d at 1005.
¶ 6. Determinations of child custody, however, are not an opportunity to punish a parent for his or her marital misconduct. See Brekeen, 880 So.2d at 284 (providing that custody should not be used as a sanction for marital fault). While moral fitness is clearly an important factor, it is only one of the Albright factors. And one Albright factor alone cannot be the sole basis for the award of child custody. Albright, 437 So.2d at 1005; Hollon v. Hollon, 784 So.2d 943, 952 (Miss.2001).
¶ 7. In circumstances similar to the current case, this Court held in Brekeen v. Brekeen that a chancellor had erred in giving undue weight to a single Albright factor. Brekeen, 880 So.2d at 287. In that case, William Brekeen obtained a divorce from Barbara Brekeen on the ground of adultery. Id. The chancellor, relying heavily on the fact that Barbara had an affair, granted custody of the Brekeens' child to William. Id. at 286. Barbara appealed, and this Court found the chancellor erred in finding two of the Albright factors weighed in favor of William based on Barbara's affair. Id. at 285-87 (the two factors were moral fitness and other factors relevant to the parent-child relationship). This Court found the chancellor gave undue weight to Barbara's misconduct in finding both Albright factors favored William based on the same misbehavior, and that the chancellor awarded William custody to punish Barbara. Id. at 287.
¶ 8. In the current case, the chancellor found three separate Albright factors favored Shannon, based in whole or in part on Mary Jane's inappropriate extramarital contacts, none of which rise to the level of adultery. Mary Jane admittedly engaged in inappropriate sexual communications with men other than her husband. She also admitted to socializing with these men at bars and restaurants in Memphis and meeting one of them at a hotel. The chancellor correctly found these activities reflected poorly on Mary Jane's moral fitness. See Brekeen, 880 So.2d at 287. However, the chancellor erred in also finding
¶ 9. In regard to Mary Jane's parenting skills, the chancellor found that "She should have been at home taking care of those children or should have been with them instead of out partying in Memphis or where ever she was at the night spots and going out on the town and meeting with another man at a motel." And regarding Mary Jane's ability to provide a stable home, the chancellor stated that Shannon provided a more stable home environment because Mary Jane took off with her children, and that she should have "stayed off the internet and stayed off of her contact [sic] with her two boyfriends especially and running around on her husband."
¶ 10. In short, the chancellor found three separate Albright factors favored Shannon, in whole or in part, based on Mary Jane's inappropriate extramarital contacts. And after a complete review of the record, it is clear the chancellor used Mary Jane's misconduct as the primary basis for awarding Shannon custody. Here, as in Brekeen, we find the chancellor gave undue weight to Mary Jane's untoward behavior and awarded Shannon custody to sanction Mary Jane for her improper conduct. See Brekeen, 880 So.2d at 287; see also Albright, 437 So.2d at 1005 ("Marital fault should not be used as a sanction in custody awards.").
¶ 11. In child-custody cases where there are allegations of abuse or neglect, courts must appoint a guardian. Miss.Code Ann. § 93-5-23 (Rev. 2013); Floyd v. Floyd, 949 So.2d 26, 28 (Miss. 2007). And when the appointment is mandatory, chancellors, in their findings of fact, must include at least a summary of the guardian ad litem's recommendations. Id. While a chancellor is not bound by the guardian ad litem's recommendations, "if the court rejects the recommendations..., the court's findings must include its reasons for rejecting the guardian's recommendations." Id.; S.N.C. v. J.R.D., Jr., 755 So.2d 1077, 1082 (Miss.2000).
¶ 12. In the current case, Mary Jane raised her concerns that the children might have been sexually abused. Accordingly, the chancellor appointed a guardian ad litem. The guardian ad litem conducted an investigation into the child-abuse claims and prepared a recommendation regarding custody of the children. The guardian ad litem found no evidence of abuse, and after an Albright analysis, determined that Mary Jane should be awarded custody.
¶ 13. When the guardian ad litem's appointment is mandatory, as in this case, the chancellor must include a summary of the guardian ad litem's recommendations in his or her findings of fact and conclusions of law. S.N.C., 755 So.2d at 1082. And "when a chancellor's ruling is contrary to [that] recommendation ..." the court must state "the reasons for not adopting the ... recommendation ... in the findings of fact and conclusions of law." Id. While the chancellor in the current case acknowledged the guardian ad litem's recommendation, he did not provide a summary of the report or a summary of his reasons for rejecting the guardian ad litem's recommendation. Therefore, we find the chancellor erred in failing to do so.
¶ 14. While Mary Jane's behavior may have been inappropriate, that alone is an insufficient ground upon which to award custody to Shannon. By finding three Albright factors weighed against Mary Jane due to her misconduct, the chancellor gave her misdeeds undue weight, the result of which constitutes a punishment for Mary Jane's indiscretions. Furthermore, the chancellor's failure to provide a summary of the guardian ad litem's report and a summary of the reasons he rejected that recommendation was error. Therefore, the decision of the Court of Appeals and the judgment of the chancery court are reversed, and this case is remanded to the Chancery Court of Lee County for further proceedings consistent with this opinion.
¶ 15.
DICKINSON AND RANDOLPH, P.JJ., LAMAR, KITCHENS, CHANDLER, PIERCE, KING AND COLEMAN, JJ., CONCUR.