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Child Custody in South Carolina

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Navigating Child Custody in South Carolina: Understanding Your Options and Legal Rights

Child custody battles can be a difficult and emotionally charged experience for all parties involved. In South Carolina, child custody is determined based on what is in the best interests of the child, and there are different types of custody arrangements that can be made. In this blog article, we will explore child custody laws in South Carolina, including the types of custody arrangements, how custody is determined, and how to modify a custody order.

Types of Child Custody in South Carolina

There are two main types of custody in South Carolina: physical custody and legal custody. Physical custody refers to where the child lives, while legal custody refers to the ability to make important decisions for the child.

1. Physical Custody: Physical custody is awarded to the parent with whom the child primarily lives. The other parent may be awarded visitation rights, which can be supervised or unsupervised, depending on the circumstances.

2. Legal Custody: Legal custody involves decision-making rights regarding the child’s education, healthcare, religion, and other important matters. In South Carolina, legal custody can be sole or joint.

Sole legal custody means that one parent has the exclusive right to make decisions for the child. Joint legal custody means that both parents share decision-making responsibilities.

Determining Child Custody in South Carolina

When determining child custody, the court considers a variety of factors, including:

1. The child’s relationship with each parent;
2. Each parent’s ability to provide for the child’s physical, emotional, and educational needs;
3. Each parent’s mental and physical health;
4. The child’s preference, if the child is old enough to express a preference;
5. Any history of abuse or neglect by either parent; and
6. Any other relevant factors.

Modification of Child Custody Orders

Child custody orders can be modified if there has been a substantial change in circumstances. For example, if one parent moves to a different state or if there is a significant change in the child’s needs, a custody order may need to be modified. The party seeking the modification must file a petition with the court and demonstrate that the change in circumstances justifies a modification.


Child custody battles can be difficult and emotional, but it is important to remember that the court’s primary concern is the best interests of the child. If you are involved in a child custody dispute in South Carolina, it is important to seek the advice of an experienced  family law attorney  who can help you understand your rights and obligations under South Carolina law. Contact Minor Law Offices today for legal assistance with Child Custody.

The information contained in this post is provided for informational purposes only, and should not be construed as legal advice on any matter.