Clarksville Child Custody Attorney Protecting Parent-Child Bonds

Last updated on May 14, 2025

Montgomery County has one of the highest divorce rates in Tennessee. In 2020, it ranked third behind Madison and Tipton counties at 6.9%. Whether you are going through a divorce or you are unmarried, you will always be a parent to your child. Coming up with the proper child custody and visitation plan is essential for families to adjust to post-divorce life. The Law Office of Steven C. Girsky in Clarksville represents Tennessee and Kentucky families looking for solutions to their child custody and parenting time questions. Our attorneys help people create personalized parenting plans and custody arrangements, navigate claims of parental alienation, and efficiently resolve custody disputes.

How Do Courts Award Custody?

In many cases, the courts believe in shared parenting and prefer to award joint custody. However, that is not necessary, and in reality, it varies from county to county and case to case. In Clarksville, judges will formulate something close to a 50-50 arrangement, if possible. In other counties, judges prefer there to be one primary residential parent with physical custody. Having handled cases from county to county, lawyer Steven Girsky knows how to prepare depending on who will preside over your case.

If your child custody dispute is part of your divorce, it is just one of many questions you may have. Ready to walk you through the entire process, attorney Girsky will provide you with the information you need to make the right decision for your family regarding your divorce and child custody concerns.

Factors That Impact Custody

When determining child custody, Tennessee courts consider several factors to create arrangements that support children’s well-being. These factors help judges assess which living situation will provide the most stability and care.

• Child’s needs: The court examines the child’s emotional, physical and educational requirements to determine the best custody arrangement.
• Parent-child relationship: The history and strength of the child’s relationship with each parent are key considerations.
• Stability and continuity: Children benefit from consistency, so the court will consider how a custody arrangement might affect their home life, school and social environment.
• Parental fitness: Each parent’s physical, mental and emotional health is reviewed to determine their ability to provide a safe and supportive home.
• Work schedules: The ability to balance job responsibilities with parenting is important. A parent’s availability and flexibility may impact custody decisions.
• History of abuse: If there is any history of domestic violence, emotional abuse or neglect, this will weigh heavily in the court’s decision.

Since no two families are the same, custody decisions are made based on the unique circumstances of each case.

What Is Legal Versus Physical Custody?

Two primary types of custody are awarded in a divorce. The first is legal custody, which identifies the parent who will have the authority to make decisions regarding health care, education and the general well-being of the children. Physical custody determines when and where children will reside.

Both legal and physical custody can be awarded to only one parent. This is known as sole custody. Sole physical custody is also sometimes referred to as full custody. In these situations, children live solely with one parent. The other parent may or may not have visitation rights.

The two forms of custody can be awarded to both parents. Such situations are referred to as joint custody. In such cases, the father and mother are given the right and expected to make decisions jointly for their children.

There can also be situations where one parent gets sole physical custody, but the two parents share joint legal custody or vice versa. If both legal and physical custody are to be awarded jointly, the situation is commonly referred to as simply joint custody or shared custody. These arrangements are most effective when both parents can work well together in the best interests of their children.

Understanding The Child Custody Process

Whether part of a divorce or a standalone case, the process aims to establish a parenting plan that serves the child’s needs.

• Determine your court: The appropriate court depends on where each parent lives and whether the case is part of a divorce or a separate custody matter.
• File the case: If the parents are not married, one can file a custody case independently. Married parents typically address custody as part of their divorce proceedings.
• Participate in a parenting class: Tennessee law requires both parents to complete a parenting class, which focuses on minimizing the impact of divorce or separation on children.
• Negotiate your parenting plan: Parents must attempt to create a custody arrangement outlining parenting time, transportation and decision-making responsibilities. If they can agree, the court may approve the plan without a trial.
• Submit a proposed plan: If they cannot reach an agreement, each parent must submit their own proposed parenting plan at least 45 days before the trial.
• Attend a trial: If parents cannot agree, a judge will decide custody after hearing arguments, reviewing evidence and considering the child’s best interests.

While negotiation resolves some cases, others require court intervention. Understanding the process helps parents prepare for and make informed decisions about their child’s future.

How Does The Best Interest Standard Affect Custody Orders?

According to Tennessee statutes, courts must make custody determinations in the best interest of the child. In making these decisions and adhering to this standard, judges consider several factors. Courts examine the ability of the parent to provide the child with basic necessities such as clothing, food and education; the love and emotional connection between the child and his or her parents; the stability of the family; and continuity in the child’s life. Other factors relevant to the best interest of the child include:

• The parents’ physical and mental health
• The home, community and school record of the child
• Child’s preference
• Any evidence of emotional or physical abuse of the child or another person
• Character or behavior of others who may live in or visit the child’s home

Courts also consider how each parent has cared for the child in the past and how well that parent may cope with additional parenting responsibilities in the future.

Mediation Can Be A Valuable Tool In Child Custody Disputes

Many aspects of family law can be stressful and contentious. One area where this can be especially harmful is during child custody proceedings. Even if your kids don’t get directly involved, they will still feel the stress of a custody battle. Thankfully, there is a solution available to many parents.

Mediation offers a less adversarial and more cost-effective approach to resolving child custody issues. By choosing mediation, you and your co-parent can work together with a neutral third party to reach an agreement that reflects both your priorities and the best interests of your children. This process allows you to have more control over the outcome rather than leaving decisions entirely in the hands of the court. Additionally, mediation can reduce stress and foster better communication between parents, laying a foundation for positive co-parenting relationships in the future.

Identifying And Addressing Parental Alienation

Sadly, parental alienation is a factor in a significant number of custody disputes. Alienation can occur when one parent attempts to negatively influence a child’s perception of the other parent, often leading to strained or even broken relationships.

Courts take this issue seriously, as it is very psychologically harmful to the child and impedes the rights of one parent. If you suspect parental alienation, it is crucial to address it promptly. Your attorney should help you gather evidence of alienating behavior to support your claim and present it to a judge, who can respond accordingly.

Unfortunately, the harm may linger even after corrective custody rulings, but you can overcome it by maintaining open communication with your child and seeking professional counseling.

The Importance Of Documenting Parenting Time And Communication

In Tennessee, parenting time options can vary based on the specific needs of the family. Courts generally encourage shared parenting arrangements where both parents have substantial and meaningful time with the child. Options can include equal time-sharing arrangements or customized schedules that take into account work commitments, the child’s school schedule and other factors.

To effectively prove your case in a custody dispute, it is crucial to document your contribution to parenting time meticulously. This can be achieved by maintaining a detailed calendar of all visits and exchanges, noting any missed appointments, and recording significant conversations or decisions regarding your child’s welfare. Using digital tools and apps designed for co-parenting can aid in keeping these records organized and accessible.

These records can help demonstrate your involvement in your child’s life and can provide important evidence if disputes arise. Using digital tools, such as apps designed for co-parenting, can make this process more manageable and ensure you have reliable documentation readily available.

Advocating For Your Visitation Rights

One of the most important parts of resolving a child custody dispute is coming up with a shared parenting time arrangement. No one wants to give up sole custody of their children. However, by coming up with a shared custody and parenting time plan that meets the needs of your family, you can do what is best for you and your children.

Negotiation is essential in custody arrangements as it allows both parties to discuss and agree on a parenting plan that suits their unique situation. While it is realistic to expect some concessions during negotiation, these can be clearly laid out and navigated with the assistance of an attorney who understands your case. Effective negotiation can help avoid the stress and uncertainty of court proceedings, allowing parents to reach a mutually beneficial agreement.

Why Is A Strong Parenting Plan Vital?

Once you determine custody, the next step in the process is to outline the actual parenting plan. It will involve an extremely detailed schedule governing which parent the children will be with at stated times, including holidays, birthdays and vacations. It can be as granular as identifying an exchange location if necessary. A parenting plan provides structure to the lives of children and prevents disputes about the children’s whereabouts at certain times.

Tennessee courts understand the complexities surrounding minor children in a divorce. Lawmakers develop laws with the best interests of children in mind. The court’s task is to create plans that permit both parents to participate as fully as possible in the lives of their children. If you have young children still at home and are facing divorce, you should consult an experienced family law attorney. Doing so as early as possible is the best way to help provide the most stable outcome.

Take Action To Preserve Your Relationship

The Law Office of Steven C. Girsky is open during weekly business hours but also offers off-site, evening and weekend appointments to clients in the Clarksville and Hopkinsville areas. We offer payment plans and accept credit cards. Contact the office today by calling us at 931-266-4689 for a free initial consultation.

Suggested Reading:

When should you consider child custody modifications?

Pondering divorce? Know this about child custody.

What is parental kidnapping in child custody cases?

Three facts to know about child custody

7 things many couples may forget to consider when negotiating child custody