Gallatin Child Custody Lawyer

No matter the situation, child custody cases can be emotionally tense and heart-wrenching for all parties involved. Whether you are seeking a divorce, legal separation, or paternity action in Gallatin, facing a legal child custody case may be the first time setting foot in the Sumner County Circuit Courthouse. While this can be an intimidating and scary experience, our Gallatin child custody lawyers can guide you through every step.

At Phillips | Ralston, we understand the difficulties often involved in child custody cases. Of course you want to do right by your child and ensure that they are cared for and their futures are secure. Since 1977, we have been fighting for the parental rights and interest of our clients and the rights and interests of the children involved. When you are in need of a compassionate and experienced child custody attorney, our team is here to help.

Understanding Child Custody in Gallatin

In Tennessee, where the divorce rate was 3.0 per 1,000 residents in 2022, child custody is often a large area of contention. These cases tend to impact things beyond the actual living arrangements of your child and actually can substantially affect your child’s psychological and emotional well-being. In a family separation or divorce, ensure that your child is provided with consistency, stability, and the love of nurturing parents is vital.

In Tennessee, there are two main types of custody that can be sought, each of which can be further broken down into two classifications. These include:

• Legal custody. This kind of custody allows the awarded parent or parents to make important decisions regarding the life and well-being of their child and control over how that child is raised. A parent who is given legal custody has the right to make decisions regarding their child’s education, religion, and healthcare. Legal custody can be classified as either:
  • Joint legal custody. When joint legal custody is awarded, both parents retain their ability to make important decisions regarding their child’s welfare. They also share equal rights to the records of the child, such as their medical or educational records.
  • Sole legal custody. Though this is rarely awarded, some courts may decide to only offer one parent the sole legal custody of their children, meaning that this parent will be the only one able to make important decisions regarding their child’s welfare and upbringing.
• Physical custody. In Tennessee, physical custody, or “primary physical custody” is typically awarded to one parent and the other is allowed secondary custody. Primary physical custody allows the parent the obligation to take care of the child’s daily needs. Typically, in Gallatin, parents are not awarded 50/50 physical custody as it does not allow the child stability. In other cases, one parent may seek sole physical custody.

In a Gallatin child custody case, it can sometimes be in the best interest of the child for only the parent to retain both kinds of custody. This usually occurs when it is deemed that one of the parents poses a physical risk or danger to the child and cannot be trusted to make good decisions regarding that child’s welfare. Though these situations are rare, they can include circumstances like:

• One parent has a history of trying to purposely separate or alienate the child from their co-parent.
• One of the parents is unfit for custody.
• One of the parents has made plans to move out of the state of Tennessee and take the child with them and away from their co-parent.

Defining the “Best Interests of the Child”

In Gallatin, when the parents are unable to make a determination regarding the custody of their children, they will be required to look to the courts to make this decision for them. When the courts take such action, they will base their decision on what they believe to be in the “best interest of the child”. The judge assigned to your custody case will look at several factors in order to make this determination, including:

• The relationship shared between the child and each parent
• The mental and physical health of each parent
• If there is any history of domestic violence, neglect, or substance abuse on part of either parent
• Each of the parent’s respective ability to provide for their child a safe, stable, and loving home environment
• The willingness of each of the parents to encourage the child to share a relationship with the other parent
• The child’s adjustment to school, home, and community following the divorce or family separation

Other factors that can be taken into consideration during a custody case include the following:

• The age of the child. Although the belief that younger children need to stay primarily with their mothers is often thought of as a thing of the past, some judges may still rule in such a way. This can be especially true if the child involved is still nursing or in need of something that only the mother is able to provide.
• Parents’ living conditions. Surprisingly, where a parent resides can affect a child custody case. If a parent lives in a friend’s guest room or an apartment that is deemed to be unsafe, their chances of gaining primary physical custody are lower than if they live in their own home in a safe area. It is vital that, in order to seek primary physical custody, or any kind of physical custody, your residence reflects your ability to provide.
• The child’s preference. If the courts deem the child old enough, typically aged 12 or above, the judge may discuss the custody case with them in order to gauge their own preferences and understand how they are feeling about the situation. However, this will never be the final deciding factor in a custody case.

Contact Our Trusted Gallatin Child Custody Lawyer

If you are seeking custody of your child in Gallatin, Tennessee, the team at Phillips | Ralston is here for you. Contact our offices today to schedule your initial consultation with our firm and to learn more regarding our legal services.