What Is the Most Common Custody Arrangement in SC?

What Is the Most Common Custody Arrangement in SC?

When parents divorce or separate in South Carolina, one of the most important decisions they must make is how to share custody of their children. Child custody arrangements can be emotionally challenging and legally complex. 

Understanding the most common custody arrangement in South Carolina can help parents prepare for what to expect and make choices that are best for their children.

Understanding Child Custody in South Carolina

In South Carolina, child custody is divided into two main parts: legal custody and physical custody. Legal custody refers to a parent’s right to make major decisions about the child’s life. This includes decisions about education, health care, religion, and general welfare.

Physical custody refers to where the child lives on a day-to-day basis. 

Both legal and physical custody can be shared between parents (joint custody), or one parent may have full responsibility (sole custody), depending on what the court finds is in the best interest of the child. 

The court’s main goal is always to do what is best for the child, not what is easiest for the parents. Judges in South Carolina look at many factors, such as each parent’s ability to provide care, the child’s needs, and the relationship between the child and each parent.

In South Carolina, the most common custody arrangement is joint legal custody with one parent having primary physical custody. 

Under this arrangement, both parents work together to make major decisions for their child, but the child lives mostly with one parent. The parent with primary physical custody is often called the “custodial parent.” The other parent, sometimes called the “non-custodial parent,” usually has visitation rights or a set parenting schedule.

This arrangement is popular because it keeps both parents involved in the child’s life and gives the child a stable home base. Children often do better with a consistent routine and knowing where they will be each day. At the same time, having both parents share legal decisions encourages teamwork and communication between them.

How Parenting Time Is Shared

Even though one parent may have primary physical custody, the other parent usually gets regular parenting time. South Carolina law encourages frequent and continuing contact with both parents when it is safe and healthy for the child.

A typical parenting schedule may include weekends, holidays, summer breaks, and school vacations with the non-custodial parent. Some families choose to split time more evenly if both parents live nearby and the child’s schedule allows it.

Each family is unique, and the court will approve a schedule that works best for the child’s age, school routine, and relationship with each parent. If parents can agree on a plan, the court usually approves it, as long as it is in the child’s best interest.

When Joint Custody Is Not Best

While joint legal custody is common, it is not always the best option. Sometimes, the court may award one parent sole legal and physical custody. This can happen if there is a history of domestic violence, substance abuse, or neglect by one parent. In these cases, the court may decide that one parent should make all decisions and that limited or supervised visitation is safer for the child.

South Carolina courts take these matters very seriously. The safety and well-being of the child always come first. If there is a valid reason why joint custody would harm the child, the court can and will make a different decision.

Call Our Rock Hill Child Custody Attorney at Minor Law Divorce Lawyers for Help

Child custody cases can be complex, emotional, and stressful. The most common custody arrangement in South Carolina is joint legal custody with one parent having primary physical custody. This setup allows both parents to stay involved in important decisions while giving the child a stable and predictable home environment.

If you are going through a custody dispute or have questions about your options, working with an experienced Rock Hill child custody attorney at Minor Law Divorce Lawyers can help you understand your rights and make sure your child’s best interests are protected. Every case is different, and having knowledgeable legal support can make a big difference. Please contact a family law lawyer at Minor Law Divorce Lawyers in Rock Hill, SC or contact us online today.

We proudly serve throughout York County.

Minor Law Divorce Lawyers
1273 Ebenezer Rd, Suite B,
Rock Hill, SC 29732
(803) 504-0971