What Are the Grounds for Child Custody Decisions in South Carolina?

How Does South Carolina Define Child Custody?

In South Carolina, child custody is legally defined as the guardianship of a minor child, encompassing both legal and physical custody. In child custody cases and disputes, a family law court may award joint custody to both parents or sole custody to a single parent.

While child custody cases can be uncontested and decided by an agreement made between both parents, many child custody matters are legally complicated and emotionally difficult matters that are contested and must be resolved by court orders. If the two parents can agree on a child custody agreement, that order will easily determine where the child resides (physical custody), who is allowed to be involved in making important parenting decisions (legal custody), and what the parenting plan or visitation schedule is for non-custodial parents and other blood relatives.

For those contending with a child custody case, whether contested or otherwise, it is highly recommended that they retain professional legal counsel from experienced family law attorneys. Our legal team has years of experience representing clients in complex family law cases, and we would be proud to represent you and your pursuit of child custody.

What Are the Different Types of Child Custody in South Carolina?

Understanding the different types of custody arrangements available to parents and their children in South Carolina is important in order to fully understand your child custody case.

Legal custody refers to the authority to make important life decisions about the child’s upbringing, such as healthcare, religious teachings, education, social activities, and more. It can be awarded either jointly or solely.

Physical custody relates to where the minor children primarily reside. Like legal custody, it can be awarded as sole or joint custody. In sole physical custody situations, the child lives with one parent. In joint physical custody situations, the child divides their time between the residences of both parents.

Joint custody, whether physical or legal, involves both parents sharing responsibilities for decision-making or living arrangements for their child. There are many benefits to joint custody, including the ability for both parents to be involved in their child’s life, the promotion of co-parenting arrangements, and the stability of the minor children. However, joint custody does not work for every situation.

Sole custody, on the other hand, grants only one parent the exclusive right to make life decisions or have primary custody of the child. It is typically awarded in child custody cases where one parent is either deemed unfit or unable to provide adequate care for their child.

Is South Carolina a 50/50 Custody State?

Some states assign parents shared custody, which is also sometimes known as 50/50 custody. But this is rarely the case in South Carolina.

In South Carolina family law courts, judges do not tend to believe that alternating weeks or months between parents is in the best interests of the child. However, some cases may lead a judge to deem that shared or 50/50 custody is appropriate for a family, such as instances where both parents live in the same school zone.

How is Child Custody Determined in SC?

In our state, family law courts do not favor mothers over fathers when it comes to rendering child custody decisions, as our SC child custody laws do not abide by the ‘tender years doctrine.’

Child custody actions can either be filed independently or as part of a divorce case in South Carolina. The standard for determining child custody in these proceedings always seeks to provide for the minor child’s best interests.

A family law court will consider several factors when determining what is in a child’s best interest, including the spiritual, educational, familial, psychological, emotional, and recreational aspects of the child’s life and upbringing.

In addition, a family law judge assesses each parent’s fitness, attitude, character, and other factors that they deem will have an impact on a child’s life.

What Factors May Be Considered in Your Child Custody Case?

Grounds for determining child custody decisions in South Carolina include the following:

• A child’s special needs and the ability of the parents to care for them
• A child’s stability and their ability to adjust to home, school, and community changes
• A safe home environment that is stable and nurturing before the child’s upbringing
• Any history of child abuse, domestic violence, neglect, or other concerning behavior
• Any history of drug abuse or dependency on alcohol
• Chances of deployment for a parent
• Each parent’s emotional, financial, and physical fitness
• Past efforts made by either parent to manipulate or coerce the child into a child custody dispute
• The ability of each parent to care for their child
• The child’s personal preferences, if they are old enough to express reasonable preferences
• The child’s relationship and the emotional bond with each parent
• The living situations of both parents
• The needs of a child, including the developmental, physical, and temperament of the child
• The personal wishes of each parent regarding child custody arrangements
• The relationship and bonds formed between the child and other relatives, such as siblings, grandparents, and others who could affect the best interest of the child
• Whether either parent has relocated more than 100 miles away from the child’s primary residence unless the relocation was for safety purposes
• Willingness to allow the other parent to have an active role in the child’s life

When is a Parent Deemed Unfit?

Parents may be deemed unfit if they are:

• Abusive to the other parent
• Dependent on drugs or alcohol
• History of child abuse or neglect
• Not seeking treatment for mental health issues
• Unable to function socially with others
• Unable to meet their child’s needs or care for the child
• Unwillingness to compromise or cooperate with the other parent

Do Judges Favor Joint Custody in SC?

South Carolina judges do not necessarily favor joint custody orders when evaluating a child custody matter. Instead, the judge will evaluate the specifics of each case before awarding a custody arrangement that they deem to be in the best interest of the minor child.

What Are the South Carolina Child Custody Laws for Unmarried Parents?

Under South Carolina law, sole custody is granted to the mother of a child when that child is born to unmarried parents. In such situations, the presumptive fathers of the child can petition the court for child custody once paternity has been legally acknowledged or adjudicated. For more information, please get in touch with our law firm.

Contact Us for an Initial Consultation Today

Our legal staff has extensive experience representing clients in complex child custody disputes, and we would be proud to represent your interests as you fight for sole or joint custody of your child. To learn more about our legal services, we encourage prospective new clients to contact our law offices to schedule a case evaluation today. You may reach us at 803-266-1812.