Parents facing a divorce or separation must make major decisions about their children. South Carolina law recognizes two different types of child custody: Legal custody and physical custody. Understanding how these custody arrangements work can help you protect your parental rights and your child’s well-being.
South Carolina family courts determine custody based on specific state laws and the child’s best interests. Our Camden family lawyers help parents protect their families during these difficult transitions.
Legal Custody vs. Physical Custody in South Carolina
Legal custody involves the right to make major decisions for your child, including:
- Where the child goes to school,
- What religion they practice, and
- What medical care they receive.
Under South Carolina Code Section 63-15-210, judges choose how to divide these duties. Parents can share joint legal custody, or one parent can have sole legal custody.
Physical custody involves where the child lives. The parent with physical custody takes care of the child’s daily needs, such as food, shelter, and transportation to school. The other parent usually gets regular visitation time.
Joint Custody vs. Sole Custody: Pros, Cons & How Courts Decide
When a family court awards joint custody in SC, both parents share responsibility for raising the child. This arrangement ensures that the child maintains a regular, continuous relationship with both parents, allowing them to share the daily responsibilities of family life.
The primary con of joint custody is that it requires parents to communicate well. If parents disagree often or struggle to cooperate, joint custody can cause stress for everyone involved.
Sole custody means one parent has total control over the legal decisions concerning the child or the child’s physical placement, or both. This setup provides the child with a single, stable home environment and prevents arguments by allowing one parent to make all the decisions.
The downside to sole custody is that one parent loses regular contact with the child, and the other parent bears the entire burden of daily care.
South Carolina courts favor joint custody in SC when both parents demonstrate they can cooperate and are considered safe. To decide between these options, the court looks closely at how well the parents communicate and whether they can put their differences aside to make choices together.
The ‘Best Interests of the Child’ Standard in SC Courts
South Carolina family court judges decide every custody dispute based on the best interests of the child. This standard comes from South Carolina Code Section 63-15-240. The law states that the child’s welfare and safety must come before the parents’ desires.
The judge evaluates the home life each parent can provide. The court wants to see which parent is more likely to encourage a positive relationship between the child and the other parent. The court wants to minimize disruption to the child’s school, friendships, and daily routines. Any history of domestic violence, substance abuse, or neglect will heavily weigh against a parent during this evaluation.
Parenting Plans: What They Cover and How to Create One
A parenting plan is a written document that explains how parents will care for their children after a split. South Carolina law requires parents to submit a parenting plan to the court in custody disputes.
A standard parenting plan must include:
- A weekly schedule showing where the child lives each day
- A holiday schedule showing where the child spends breaks and birthdays
- Transportation rules explaining who drops off and picks up the child
- A plan for sharing school and medical information
- A method for settling disagreements without going back to court
You can create a plan with the help of a family law attorney. If both parents sign the agreement, the judge will usually approve it as long as it protects the child.
What Factors Do SC Judges Consider in Custody Cases?
South Carolina law lists specific factors that judges must review before making a custody order. These factors help the judge understand the family dynamic.
- The Child’s Needs: This includes their physical safety, educational needs, and emotional health.
- Parenting Ability: The judge considers who has been the primary caregiver and whether each parent can provide food, clothing, and medical care.
- Home Environment: The court evaluates the stability of each parent’s home, including any other people who live there.
- Cooperation: Judges consider whether each parent encourages the child to maintain a good relationship with the other parent.
- History of Abuse: The court reviews any evidence of domestic violence, child neglect, or substance abuse.
Can Children Express a Preference in SC Custody Cases?
Children can share their opinions in cases of child custody in SC, but they do not make the final choice. The law allows judges to consider the child’s preference if the child is mature enough.
The court rarely allows children to testify in open court. Instead, the judge may speak with the child privately in the judge’s office, which is called an in-camera interview. The judge looks to see whether the child has a mature reason for their choice, or whether one parent is trying to bribe or pressure the child into choosing them.
Modifying a Custody Order: What Has to Change?
Parents can request a change if circumstances alter significantly. To modify a custody order, you must prove a substantial change in circumstances has occurred since the judge signed the last order. This change must directly affect the child’s well-being.
Examples include a parent relocating for work, a parent developing a severe illness, or a parent exposing the child to dangerous conditions. If the change is minor, the court will keep the old order to protect the child’s stability.
Interstate Custody Disputes and the UCCJEA in SC
When parents live in different states, custody disputes grow complicated. South Carolina uses the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), found in South Carolina Code Section 63-15-300.
The UCCJEA prevents parents from moving a child to a new state just to find a judge who might give them a better custody deal. Under this law, custody cases must take place in the child’s “home state.” The home state is usually the state where the child lived with a parent for at least 6 consecutive months immediately before the legal case started.
Contact Our South Carolina Family Lawyers
The legal team at Savage, Royall & Sheheen represents parents in cases of child custody in SC. We help clients build strong parenting plans, protect their visitation rights, and handle complex courtroom disputes.
Contact Savage, Royall & Sheheen at 803-432-4391 to speak with an experienced South Carolina family law attorney about your child custody case. Get in touch today.