Filing for child custody in South Carolina often raises urgent questions and carries high stakes. Parents and guardians usually want clear answers right away, especially when a child’s living situation, safety, or daily care is involved. A South Carolina child family lawyer can help you get answers and file a child custody claim.
South Carolina family courts decide custody based on the best interests of the child, not on what is most convenient for the parents. That means the court focuses on stability, safety, and the child’s overall well-being from the start of the case.
Custody cases may arise during divorce, separation, or between parents who were never married. In other situations, a grandparent or another caregiver may believe court involvement is necessary to protect a child. Each situation follows the same basic legal framework, but the facts of the case matter.
Understanding Child Custody Laws in South Carolina
In South Carolina, child custody laws prioritize the best interests of the child. There are two primary types of custody:
1. Joint Custody: Both parents share the rights and responsibilities for raising the child.
2. Sole Custody: One parent has the full responsibility and rights for the child’s care and decisions.
Either physical or legal custody can be granted. Physical custody refers to where the child lives, while legal custody involves the right to make decisions about the child’s upbringing, such as education, health care, and religious practices.
South Carolina Section 63-15-240 follows the best interests of the child principle, which considers various factors to determine the arrangement most suitable for the child’s welfare.
Who Can File for Custody of a Child in South Carolina?
Parents are the primary parties who file for custody. Third parties, such as grandparents or other relatives, may file if they qualify as “de facto custodians.” According to S.C. Code § 63-15-60, a de facto custodian is an individual who has been the primary caregiver and financial supporter of a child who has resided with the individual for six months or more if the child is under three, or one year or more if the child is three or older.
How to Get Custody of a Child in SC: Step-by-Step Process
If you’re asking how to file for custody in SC, here’s a step-by-step overview of the process:
1. Prepare the Petition for Custody
The first step is completing a petition with the family court, which outlines your request for custody and why it is in the child’s best interest. Include relevant details about the child’s living arrangements, relationship with parents, and any concerns you have about the child’s well-being.
2. File the Petition with the Court
Once the petition is ready, you must file it with the family court in the county where the child resides. Depending on the specifics of your case, you may need to pay a filing fee.
3. Serve the Other Parent
After filing, you must legally notify the other parent by serving them with the petition. This process is required to inform the other party that you have filed for custody.
4. Temporary Hearing
Most cases involve a “Motion for Temporary Relief” to establish a schedule while the larger case is pending.
5. Mediation
South Carolina requires parties in many counties to attend mandatory mediation before a final hearing can be scheduled.
6. Attend Court Hearings
The court will schedule hearings to discuss the custody arrangement. Both parents will have the opportunity to present evidence and arguments, and the court will evaluate how the custody arrangement would affect the child.
7. Court Decision
After considering all relevant factors, the judge will issue a custody order. The court may grant joint or sole custody, depending on what is in the child’s best interests.
Child Custody Factors Courts Consider in South Carolina
In South Carolina, several factors influence a judge’s decision regarding custody. The court examines what is in the child’s best interest by considering:
- The child’s relationship with each parent: Courts consider the emotional bonds between the child and each parent, including which parent has been the primary caregiver.
- Each parent’s ability to provide for the child’s needs: This includes the parents’ financial stability, living arrangements, and ability to meet the child’s physical and emotional needs.
- The child’s preference: Depending on the child’s age and maturity, their preference may be considered.
- History of domestic violence: Any evidence of abuse or neglect will significantly influence the decision.
- The child’s adjustment to their current environment: Courts assess how well the child is adapting to their current home, school, and community.
- The mental and physical health of the parents: The well-being of both parents is also considered.
These factors help determine the custody arrangement that will best support the child’s development and happiness.
How a Family Lawyer Can Help
Filing for custody can be complex, especially when you are uncertain about the legal requirements or the potential outcomes. A family lawyer can help by:
- Providing expert guidance on the legal process and helping you prepare your petition.
- Representing you in court and advocating for your rights and the child’s best interests.
- Helping you gather necessary evidence to support your case, including documents, witnesses, and other materials.
- Negotiating settlements with the other parent to avoid lengthy litigation, if possible.
Having a skilled family lawyer from a trusted firm like Savage, Royall & Sheheen, LLP can significantly improve your chances of achieving a favorable outcome.
Contact a South Carolina Family Lawyer
If you are looking to file for custody of a child in South Carolina, contact the family law team at Savage, Royall & Sheheen, LLP. Our experienced lawyers understand South Carolina’s child custody laws and will help you navigate the process.
To request a consultation, contact us at 803-432-4391 to discuss your case and protect your child’s future.