Modifying Child Custody and Visitation Orders in South Carolina

Does Your Child Custody and Visitation Arrangement Need to Be Changed?

Divorce is always difficult, and if the divorcing spouses are parents, those difficulties are multiplied. Child custody disputes are tough on everyone who is involved. If you are divorcing or considering a divorce in South Carolina, and if you and your spouse are parents, a South Carolina child custody lawyer can provide the help you will need.

If you and your spouse can agree on the custody of your child or children and a visitation schedule, you will save yourselves money, time, and a great deal of aggravation. A York County child custody attorney can help you prepare a custody agreement that the court will approve.

However, if your divorce is acrimonious or hostile, and if you can’t reach any agreements about custody or visitations, those decisions will be made by a judge. Your attorney will answer your questions, explain how the child custody laws apply, and advocate aggressively on your behalf.

When May a Custody and Visitation Order Be Modified?

Whether divorcing parents reach their own agreements about custody and visitation or leave those decisions to a judge, circumstances will almost certainly change at some point after a final divorce decree is issued, and the custody and visitation arrangement will require modification.

In the years after a divorce but before a child reaches adulthood, a parent may seek to modify the court’s custody and visitation order when a substantial change has taken place in the parent’s life or the child’s, such as:

1. A parent’s income has substantially increased or decreased.
2. A parent has sustained a severe injury or suffered a severe illness.
3. A parent has married a new partner.
4. A new child has been born to either parent.
5. A parent needs or wants to relocate to another legal jurisdiction or state.
6. A parent becomes unemployed or receives a criminal conviction.
7. The child’s educational, medical, or other needs have significantly changed.
8. The time a parent spends with the child has significantly changed.
9. Another matter has arisen that requires modification of the custody and visitation order.

How is a Custody and Visitation Order Modified?

To seek a custody and visitation order modification, your attorney will petition the court that first issued the order. If both parents agree to the modification, the process is usually simple. The parents can petition jointly to modify the order and a judge will probably approve the request.

If you are the other parent, and if you oppose the modification or do not believe it’s necessary, you also must be represented by a South Carolina child custody lawyer. When parents disagree on the need for a custody and visitation order modification, the court will conduct a hearing.

What is a Court’s Top Priority in Custody and Visitation Cases?

In any legal matter that involves a child – and particularly in custody and visitation cases – a South Carolina court’s highest priority is the best interests of the child. How can you prove that a modification of the court’s custody and visitation order is in the best interests of your child?

A “child’s best interests” is a term that refers to what the court must prioritize when it issues or modifies a custody and visitation order. This priority is meant to ensure the emotional and physical well-being of the child and also to ensure the best possible environment for the child.

If your proposed modification of the custody and visitation order is contested by your child’s other parent, you will need to prove to the court that the modification will be in the best interests of the child, and you’ll need to be represented by a York County child custody attorney.

How Can You Help Your Case for a Modification?

If your petition to modify the court-issued custody and visitation order is challenged by the other parent, you can help your case for modification by:

1. proving that you provide the child with a safe, stable environment
2. cooperating with the other parent when it’s possible
3. conducting yourself properly in court
4. knowing important details about your child’s education, activities, and health

If you are the parent who is objecting to the modification of the custody and visitation order, you may have to demonstrate to the court – with your attorney’s help – that the other parent is not providing a safe and stable environment or is not willing to compromise or cooperate.

What Else Should Parents Know?

Modifications of custody orders are not granted for frivolous reasons. A change in the parent’s or child’s circumstances must be considerable, and any modification must serve the best interests of the child. Your attorney will assess your circumstances and recommend the best way forward.

Relocations, new marriages, and new jobs are common for divorced parents. Illnesses, injuries, and unemployment also happen, and the courts understand that circumstances change over time. Nevertheless, custody and visitation order modifications will require a custody attorney’s help.

If you need to modify a custody order, do not wait to obtain that help. Contact a South Carolina family law attorney at once. There is nothing more important than your child and his or her well-being and best interests.

Who Should Represent You in a Child Custody Dispute?

Throughout South Carolina, the Howze Law Firm will represent and advise you:

1. in a divorce proceeding
2. in a child custody or child support dispute
3. if you need to modify a court-issued custody and visitation order
4. if you oppose the modification of a court-issued custody and visitation order

To learn more about modifying a court-issued custody and visitation order, or to learn more about any matter of family law, put your case in our hands. Call the offices of the Howze Law Firm at 803-266-1812 to schedule your initial case evaluation, and let us go to work for you.