Protecting Parent-Child Bonds In Child Custody Issues

Last updated on March 5, 2025

Whether you are going through a divorce or you are unmarried, you will always be a parent to your child. Coming up with the right child custody and visitation plan is an important step. 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.

How Do Courts Award Custody?

In many cases, the courts believe in shared parenting and prefer to award joint custody. However, that is not required, 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.

Understanding The Child Custody Process

Whether part of a divorce or a standalone case, the process is designed 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 unmarried, 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 an agreement is not reached, 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 some cases are resolved through negotiation, others require court intervention. Understanding each step of the process helps parents prepare for what lies ahead and make informed decisions about their child’s 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 have been made, but these may be overcome by maintaining open communication with your child and seeking professional counseling.

The Importance Of Documenting Parenting Time And Communication

Keeping accurate records of your parenting time and communication with the other parent can be invaluable in custody disputes. It is wise to maintain a detailed calendar of visits, exchanges and any missed appointments/obligations. Also, document any significant conversations or decisions made regarding your child’s welfare.

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 tailored to the needs of your family, you can do what is best for you and your children.

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. Payment plans are available and credit cards are accepted. Contact the office at 931-266-4689 today for a free initial consultation.

Suggested Reading:

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Pondering divorce? Know this about child custody

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Three facts to know about child custody

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