It is common for parents to have questions about child custody laws in South Carolina. Child custody issues arise during divorces but may also become an issue in legal separation, grandparent rights, and paternity cases.
In this article, you can get answers to frequently asked questions about child custody. However, if you are dealing with a child custody matter, we encourage you to seek prompt legal advice to protect your rights.
What Are the Types of Child Custody in South Carolina?
Two types of child custody are awarded in South Carolina – legal custody and physical custody.
Legal custody is the authority to make decisions for your child. A parent with legal custody can decide how their child is educated, their medical treatment, whether to raise them in a specific religion, and their extracurricular activities.
A parent with sole legal custody does not have to confer with the other parent when making these decisions. Joint legal custody requires parents to work together to make important decisions for their children.
Physical custody refers to a child’s primary residence. A parent with sole legal custody would have the child in their home all the time. Joint physical custody means the child has to dive their time between their parents’ homes. Even when joint physical custody is granted, a child will primarily live with one parent. That parent is called the custodial parent.
South Carolina judges typically do not grant shared custody or 50-50 custody. It can be stressful for a child to constantly switch back and forth between homes to ensure each parent has the child 50% of the time. However, judges may approve this arrangement if it works and is in the child’s best interest.
What Are the Factors Used to Determine a Child’s Best Interest?
All child custody decisions are based on what is in the best interest of the child. South Carolina law requires judges to consider numerous factors when determining the best interest of a child. Those factors include:
- The wishes of the parents for custody arrangements
- The child’s reasonable preference for custody
- A child’s temperament and developmental needs
- Conduct by either parent to disparage the other parent in front of the child, involve the child in their dispute, or coerce or manipulate the child
- The past and current relationship between each parent and the child
- A parent’s ability and willingness to understand and meet the child’s needs
- A child’s relationship with their siblings, grandparents, and other individuals who play a significant role in the child’s life
- The stability and safety of the child’s current home
- A parent’s commitment to encourage the child to have a close relationship with the other parent
- The mental and physical health of the parents
- The child’s adjustment to their community, school, and home
- Allegations of domestic violence, neglect, abuse, or long-term separation
- A parent moving 100 or more miles away from the child for reasons other than safety
Judges may consider other factors relevant to deciding what is in a child’s best interest. Parents are encouraged to work together to develop a parenting plan detailing parental responsibilities and a time-sharing plan. Even when parents propose a parenting plan, the court reviews the plan to ensure the terms are in the best interest of the child.
Does the Court Consider a Child’s Preferences in Custody Cases?
A court starts considering a child’s preferences at age 12. By age 14, a child’s preferences are given even more significant weight.
The law states the court must consider a child’s reasonable preferences for custody. Ultimately, in making these decisions, the court will look at the child’s experience, age, judgment, maturity, and ability to express a preference.
Do the Courts Favor One Parent in Child Custody Matters?
At one time, South Carolina operated under the Tender Years Doctrine. It was presumed that a young child should be placed with the mother. Therefore, unless the mother was unfit, the court gave the mother preference if the child was under four or five years old. However, South Carolina has since abolished this doctrine.
Today, the courts do not give preference to either parent. Each parent begins a custody case on equal footing. If a parent is seeking sole custody, they have the burden of proving there is sufficient reason for the court to award sole custody.
How Does the Court Deem a Parent Unfit to Have Custody of a Child?
Judges can deny custody and visitation to a parent if they are deemed unfit. Examples of conduct that could indicate a parent is unfit to have custody include, but are not limited to:
- A history of domestic violence and/or abuse
- An inability or unwillingness to meet the child’s needs or care for the child
- Dependency on drugs and/or alcohol
- Refusing to acknowledge and/or seek treatment for mental health issues
- Unwillingness to cooperate or compromise with the other parent
- A history of neglecting or abandoning the child
- An inability to function in normal daily activities or engage with other people
A court may grant sole custody to the other parent when a parent is deemed unfit. The judge may also restrict visitation with the child, such as requiring supervised visitation or denying visitation. In extreme cases, the court may terminate parental rights.
Can I Modify a Child Custody Order in Rock Hill, SC?
Depending on the child’s age, a custody order may be in place for over a decade. Courts recognize that life events and changes in circumstances may require parents to modify custody arrangements.
Reasons for seeking a modification of child custody include, but are not limited to:
- Relocation of a parent or child
- A child’s wish to live with the other parent
- Allegations of child abuse or neglect
- Changes in the child’s needs
- A change in parental circumstances (i.e., a parent becomes addicted to drugs or marries an abusive partner)
- Safety concerns
- Adverse changes in living conditions
The parent seeking a modification order must petition the court explaining the change in circumstances. There must be sufficient evidence that the change is substantial enough to warrant modifying the current custody order. The modification must also be in the child’s best interest.
It is important to note that informal agreements between parents to change custody arrangements are not enforceable in court. The modification must be approved and ordered by the court to be enforceable.
Learn More During a Confidential Consultation
If you have questions or concerns about child custody in South Carolina, contact Minor Law Divorce Lawyers at (803) 504-0971 to speak with an attorney about your situation. Your consultation is private and confidential. Learn how to protect your parental rights and your child’s best interests from a trusted family law attorney.
