While several forms of child custody are possible after a divorce or separation in South Carolina, joint custody is the most common form couples tend to agree on. In these arrangements, the courts might name a primary and secondary custodian. That said, legal custody of children can be one of the most contentious aspects of divorce proceedings. Working with a skilled South Carolina child custody attorney is essential to protect your rights and your child’s well-being.
What Are the Different Types of Child Custody in South Carolina?
Child custody can refer to two different parental rights: physical custody and legal custody. Physical custody is the right to be present with the child, reside with them, and perform everyday care tasks. Legal custody is the right to make decisions about the child’s overall well-being, such as the religious traditions they are raised in, the schools they attend, and the medical care they receive.
These rights can be arranged in a few ways:
Sole Custody
A sole custody arrangement gives one parent physical and legal custody of the child after a relationship ends. With sole custody, the custodial parent can make all decisions regarding the child’s upbringing, healthcare, religion, and extracurricular activities without consulting the other parent.
Courts are often reluctant to award sole custody because it can prevent a child from having any parenting time with the non-custodial parent. It is often used only when the other parent presents a clear danger to the child’s well-being.
Joint Custody
Joint custody is the most common type of arrangement in South Carolina. In this form, one parent generally has primary physical custody of the child but shares legal custody with their co-parent, who also has a right to parenting time.
How Is Child Custody Determined in South Carolina?
In South Carolina, custody decisions are made based on the child’s best interests. The family court will consider several factors when making this determination, including:
- The child’s relationship with each parent and other family members – The court will look at who has been the child’s primary caregiver and their emotional bonds.
- The child’s adjustment to home, school, and community – Courts prefer to minimize disruptions.
- The mental and physical health of each parent – Concerns about a parent’s ability to care for the child may affect custody.
- Evidence of domestic violence – South Carolina courts must consider any evidence of a parent committing domestic violence against the other parent or child.
- Each parent’s involvement in the child’s life – A parent who has not had a relationship with the child may be denied custody.
- Drug or alcohol abuse by a parent – Ongoing issues may make a parent unsuitable for custody.
Working with an experienced attorney can provide the court with complete information to make a decision in the child’s best interests.
Will the Court Consider the Child’s Preference When Deciding on Custody?
Under South Carolina law, the court must consider a child’s reasonable preferences when making custody decisions. Reasonableness is based on the child’s age, maturity, experience, judgment, and ability to express a preference.
Which Type of Custody Arrangement Is Best for the Child?
There is no single “best” custody arrangement, as every family’s situation is unique. However, research suggests joint custody arrangements tend to benefit children more than sole custody, as long as parents communicate effectively. With joint custody, the child maintains relationships with both parents. This provides greater stability and minimizes disruption as the family changes.
Of course, joint custody does not work for all families, especially when there are concerns about parental fitness or domestic violence. The court will consider the specific circumstances of each case. A family law attorney can advise on the type of arrangement most likely to serve the child’s needs. The focus should remain on crafting a plan tailored to the child rather than the parents.
What Are Parenting Plans?
Parenting plans outline the custody arrangement and each parent’s rights and responsibilities, typically addressing the following:
- Living and visitation schedules, including holidays and vacations
- Transportation and transfer of the child between parents
- Decision-making authority over matters like education, healthcare, and extracurriculars
- Communication and information sharing between parents
- Child support arrangements
- Resolving future disputes
Parenting plans aim to minimize conflict and provide stability for the child. They can be part of temporary orders during a divorce or the final custody decree. Plans can evolve as children age to adapt to changing needs. Modifying a parenting plan requires filing a motion with the court.
Is There a Standard Visitation Schedule in Child Custody Arrangements?
South Carolina does not have a single standard visitation schedule for child custody arrangements. However, the court will look to maximize a non-custodial parent’s visitation rights while considering the child’s best interests. Typical visitation schedules include:
- Every other weekend and one weeknight for dinner
- Alternating weekends and holidays
- Alternating two-week periods in the summer
- Increased visitation as the child ages
The visitation schedule should allow meaningful time with both parents. Unique factors like a parent’s work schedule may require a customized approach. Visits should not disrupt the child’s school and extracurricular activities. A child custody attorney can advise on crafting a reasonable schedule.
Contact a South Carolina Child Custody Lawyer
The experienced team at McKinney, Tucker & Lemel, LLC has helped many parents secure favorable results in child custody cases. We have seen the effects that various arrangements have had on the families we represent, and we understand how to create plans that will work for parents and their children. Contact us today for a confidential consultation to learn more about how our South Carolina child custody lawyers can help you.
