[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.mtllawfirm.com\/blog\/what-age-can-child-choose-which-parent-to-live-with-in-sc\/#BlogPosting","mainEntityOfPage":"https:\/\/www.mtllawfirm.com\/blog\/what-age-can-child-choose-which-parent-to-live-with-in-sc\/","headline":"At What Age Can a Child Choose Which Parent to Live with in SC?","name":"At What Age Can a Child Choose Which Parent to Live with in SC?","description":"Courts must consider various factors when determining which child custody arrangement serves a child\u2019s best interests \u2013 including the child\u2019s preferences.\u00a0Although a child\u2019s choice cannot override the court\u2019s determination, courts may consider their stated preferences if they are old enough to express a reasonable opinion about which parent...","datePublished":"2024-01-02","dateModified":"2026-05-27","author":{"@type":"Person","@id":"https:\/\/www.mtllawfirm.com\/blog\/author\/georgeanderson-user\/#Person","name":"Ed Anderson","url":"https:\/\/www.mtllawfirm.com\/blog\/author\/georgeanderson-user\/","identifier":12,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/4813a6c9a06d77cd7f752e6ebc163fb49945556ef8aee5b331c692f4b206a872?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/4813a6c9a06d77cd7f752e6ebc163fb49945556ef8aee5b331c692f4b206a872?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"McKinney, Tucker & Lemel","logo":{"@type":"ImageObject","@id":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/07\/MTLLaw-logo.png","url":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/07\/MTLLaw-logo.png","width":387,"height":95}},"image":{"@type":"ImageObject","@id":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2024\/01\/feeling-down.jpg","url":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2024\/01\/feeling-down.jpg","height":627,"width":1200},"url":"https:\/\/www.mtllawfirm.com\/blog\/what-age-can-child-choose-which-parent-to-live-with-in-sc\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=1-olJepIkuc#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=1-olJepIkuc","name":"Client Testimonial: Becca Stillman  - McKinney, Tucker & Lemel LLC.","description":"McKinney, Tucker & Lemel LLC - Rock Hill Personal Injury Attorneys\n215 Hampton Street\nRock Hill, SC 29730\nPhone: 803-328-1848","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/1-olJepIkuc\/default.jpg","https:\/\/i.ytimg.com\/vi\/1-olJepIkuc\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/1-olJepIkuc\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/1-olJepIkuc\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/1-olJepIkuc\/maxresdefault.jpg"],"uploadDate":"2023-08-30T19:53:55+00:00","duration":"PT1M50S","embedUrl":"https:\/\/www.youtube.com\/embed\/1-olJepIkuc","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCSJQ_AJ7kCfv43tFOzt2OCA#Organization","url":"https:\/\/www.youtube.com\/channel\/UCSJQ_AJ7kCfv43tFOzt2OCA","name":"MTL Law","description":"Here at McKinney, Tucker, & Lemel, LLC we are all about people. You are entrusting your lawyer with important and personal details about yourself and your life. You should feel comfortable as you work with your lawyer throughout a case. We respect this relationship and we are ready to be on your side because no one should have to handle a serious legal issue alone. We are here to help with a wide variety of cases including, personal injury, criminal defense, and family law.\n\nWe understand the stress of trying to keep your life on track while handling a serious case. Let us take up the legal burden so you can concentrate on recovering and moving forward. We have been helping the people of York & Lancaster counties since 1977 so you can count on us to have the experience and skill that you need.\n\nWe\u2019re ready to work for you.\n\nMcKinney, Tucker & Lemel LLC\nhttps:\/\/www.mtllawfirm.com\/\n215 Hampton Street\nRock Hill, SC 29730\nPhone: 803-328-1848\n","logo":{"url":"https:\/\/yt3.ggpht.com\/fZ07nD6E0DI9r7Qgz3pwXXUaTWT3568T7H_3_d4P_QDAFhGpvP-h1jXuKIdZu29412BDVm5mu6c=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=1-olJepIkuc#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=1-olJepIkuc#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=1-olJepIkuc&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=1-olJepIkuc#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":96}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=1-olJepIkuc#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":2}]},"about":["Child Custody"],"wordCount":1034,"articleBody":"Courts must consider various factors when determining which child custody arrangement serves a child\u2019s best interests \u2013 including the child\u2019s preferences.\u00a0Although a child\u2019s choice cannot override the court\u2019s determination, courts may consider their stated preferences if they are old enough to express a reasonable opinion about which parent they prefer to have primary custody.\u00a0As children age and develop maturity and judgment, courts may give even more weight to a child\u2019s stated preferences in a custody proceeding.Will the Court Give More Weight to the Child\u2019s Wishes If They Are Over a Certain Age?The older a child gets, the more weight a court may give to their opinions during custody proceedings. Once children turn 15 or 16, courts may place substantial weight on their stated preferences, especially if they can give credible reasons. Under\u00a0state law, the weight that a court gives to a child\u2019s preference must depend on the child\u2019s age, experience, judgment, maturity, and ability to express a preference. This means a court may also give more weight to the choice of a young child who shows enough maturity and judgment to the court.What Factors Does a Judge Consider When Determining Custody?When deciding custody, a judge must determine whether a proposed custody arrangement serves the child\u2019s \u201cbest interests.\u201d\u00a0State law\u00a0lists multiple factors that a trial court should consider when deciding what is in a child\u2019s best interests, including:The child\u2019s developmental needsEach parent\u2019s ability to understand and meet their child\u2019s needsThe child\u2019s stated preferencesThe parents\u2019 preferencesThe past and current relationship between the child and each parent, the child\u2019s siblings, and any other family or household memberThe efforts of each parent to encourage the child\u2019s relationship with their other parent, including complying with court ordersAny manipulative or coercive behavior designed to involve the child in the parents\u2019 disputeAny history of either parent criticizing the other in front of their childEach parent\u2019s ability to remain actively involved in the child\u2019s lifeThe child\u2019s adjustment to their home, school, and community environmentsThe stability of the child\u2019s existing or proposed residenceThe mental and physical health of the child and the parentsThe child\u2019s cultural and spiritual backgroundWhether the child or their siblings have suffered abuse or neglect at the hands of one or both parentsWhether one parent has perpetrated domestic violence and the effects of such domestic violence on the childWhether one parent has relocated more than 100 miles from the child\u2019s primary residence in the past year for non-safety-related reasonsThe law also allows courts to consider any other factors it deems relevant to the case.What If a Child Does Not Want to Live with a Parent?When a child states that they do not want one of their parents to have primary custody, the court must consider the child\u2019s preference in the context of their age, maturity, judgment, and reasons for their preference. The court also must evaluate the child\u2019s opinion alongside the other custody factors.A court may override a child\u2019s preference if it finds that preference doesn\u2019t serve the child\u2019s best interests. For example, a court might not allow a child to live with a parent who has a history of domestic violence or child abuse despite the child\u2019s stated preference to live with that parent.However, courts may become less willing to \u201cforce\u201d a child to live with a particular parent as the child ages. For instance, a court might not order a parent or law enforcement to force an older teenager into a car and take them to the home of a parent with whom the child refuses to live. The court may find that forcing a teen to live somewhere against their wishes may cause more harm than any good that might come out of that living arrangement. In these cases, an arrangement that might otherwise seem preferable would not actually serve the child\u2019s best interests.What Is the Process for Proving the Other Parent Is Unfit to Raise a Child?A parent may object to their child\u2019s other parent receiving primary custody, even if the child prefers to live with the other parent. When a parent prefers a custody arrangement different from the one their child wants, they may have to present compelling evidence to overcome the weight that the trial court places on the child\u2019s opinion. This may include proving the other parent\u2019s lack of fitness to raise a child.Factors that may prove unfitness to parent include:Inability to communicate with the child or appropriately respond to the child\u2019s needsFailure to set age-appropriate limits, such as letting children watch adult content or consume alcohol or drugsHistory of domestic violence or child abuse and neglectRefusal to cooperate or compromise with the other parent regarding the childConsistent efforts to disparage the other parent in front of the child or sabotage the child\u2019s relationship with the other parentDrug or alcohol abuseLack of social functioning, including refusing to attend the child\u2019s events or allow the child to participate in activitiesRefusal to seek treatment for documented mental health issuesCan Child Custody Agreements Ever Be Modified?A parent can file a motion to modify a custody arrangement. When parents agree to a modification, the court will grant that change unless compelling circumstances convince the court that the parents\u2019 proposed modification will harm the child\u2019s best interests.When a parent moves for modification of custody and the other parent objects, the parent who filed the motion may need to prove changed circumstances requiring a modification of the custody arrangement. They must also show that their proposed modification better serves their child\u2019s best interests.Contact a South Carolina Child Custody LawyerIf you need help with a child custody matter in South Carolina, contact McKinney, Tucker & Lemel LLC today. We look forward to meeting you, hearing about your concerns, and advising you on your options.Visit Our South Carolina Child Custody Law Offices[    {        \"@context\": \"http:\/\/schema.org\",        \"@type\": \"Answer\",        \"name\": \"Answer Question\",        \"text\": \"The older a child gets, the more weight a court may give to their opinions during custody proceedings. Once children turn 15 or 16, courts may place substantial weight on their stated preferences, especially if they can give credible reasons. Under\u00a0state law, the weight that a court gives to a child\u2019s preference must depend on the child\u2019s age, experience, judgment, maturity, and ability to express a preference. 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