Can I Get Primary Custody If I'm Active Duty

Can You Still Get Primary or Sole Custody If You’re Active Duty?

Short Answer: Absolutely. The judge will not punish you for being active duty. And a good attorney will have the experience and foresight necessary to fight for primary or sole custody on your behalf. Our attorneys recognize the demands of military service, but your service should not affect your rights to your child. 

What Will The Judge Consider When Determining Custody?

If both parties can come to an agreement on who gets primary custody, you can avoid a trial. However, if there is a disagreement about custody, then the case will likely go to court. Once in court, the judge refers to a list of “Best Interest Factors” to determine which parent gets primary custody.

“Best Interest Factors” are listed under Tennessee code 36-6-106. These factors consist of items like “the stability of the family unit” and “the love, affection, and emotional ties existing between the parents or caregivers and the child.” The court uses the items on this list to determine custody, and you will want a strong lawyer prepared to fight for you.

What Can My Lawyer Do About It?

Your attorney will gather comprehensive information about your circumstances, your relationship with the other parent, and your child. They will then use this information to tailor your case according to the Best Interest Factors mentioned above. 

**First consults are usually free of charge (a bit of good news). Our office offers free consultations for all family matters (even better news!). Get more info on our attorneys here.

Some Final Thoughts & Resources Related To Getting Primary or Sole Custody As A Military Parent:

Bottom Line: Your military service should not impact your ability to obtain primary or sole custody. Our attorneys have clients that are both active duty and primary caregivers, so it is certainly possible. The best next step is to book a consultation with a family lawyer to get a better understanding of your case. 

If you or your loved one are in need of legal representation in a criminal defense or family matter, reach out to us today

For additional updates and information on our local court, their departments, as well as our elected officials, visit the Montgomery County Circuit Court Clerk website.

Family Law, Military Law


  1. We support our soldiers and offer military discounts

  2. Local representation, well-known in the community
  3. Handle military law & court martials cases
  4. Readily available when you need legal help
  5. Comprehensive knowledge to benefit our clients

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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