Indian Land Child Custody Lawyer

When parents divorce or separate, the issue of child custody can quickly become contentious. As a parent, you want what’s best for your children, no matter what. To ensure your child’s best interests remain front and center throughout your custody case, it’s usually best to enlist the help of a knowledgeable child custody lawyer.

At McKinney, Tucker & Lemel LLC, our compassionate Indian Land child custody attorneys can help you develop thoughtful solutions that meet your family’s unique needs. Contact us today to discuss your situation during a confidential consultation.

Understanding the Child Custody Process in Indian Land, SC

Either parent can file for custody in South Carolina as long as they both live in the state. If the family moved to Indian Land relatively recently, the child must have lived in South Carolina for at least six months before a parent can file a custody case in the state.

When parents can agree on a custody arrangement, they can draft a written agreement independently and simply have a family law judge sign off on it in court. When parents can’t agree, a judge will make custody decisions for them. The judge must consider the child’s best interests before ordering or approving any custody arrangements in either case.

South Carolina law does not require a parent to demonstrate that the other parent is unfit to be granted custody. Instead, the law simply requires judges to prioritize the best interests of the children in their decisions.

State law also allows some children to present their own opinions regarding which parent they prefer to live with depending on their age and maturity level. When judges allow children to voice their opinions, they will consider those opinions and many other factors when making their ultimate custody decisions.

When South Carolina judges make custody determinations, they may issue restraining orders to prevent parents from engaging in certain types of behavior in front of their children. These restricted behaviors can range from introducing new romantic partners to inflicting corporal punishment.

Do I Need an Attorney for Child Custody?

You have the right to seek custody of your children without the help of an attorney. If you and the other parent agree on a custody arrangement, you may be able to resolve the matter with minimal legal assistance.

However, if any of the following factors apply to your case, chances are you’ll need an experienced child custody lawyer:

• You are divorcing, separating, or dealing with other legal issues. If your child custody case is occurring alongside a divorce or another legal conflict, an attorney can help you manage the details and keep each case separately.
• You need specialists to work on your case. In some cases, parents may need a child psychologist or social worker to evaluate their circumstances and provide professional opinions. If so, a lawyer can recommend a trusted expert.
• You are experiencing abuse or domestic violence. If the other parent refuses to play fair or threatens domestic violence, your safety and your child’s safety are at risk, and you need an attorney.
• You are remarrying or have children with another partner. If you have a new spouse or other dependents, the court will want to consider the level of care and financial support you can offer the child involved in the custody case.
• You have a history of using drugs or alcohol. Even if you only drink or use drugs on a limited basis, the other parent can use this information against you. A lawyer can help you defend your past and demonstrate that you are making positive changes to your behavior.

How Will a Custody Court Determine the Best Interests of the Child?

Under § 63-15-240(B) of the South Carolina Children’s Code, the court will evaluate the following factors to determine the best interests of a child and make custody decisions:

• The child’s temperament and developmental needs
• The child’s preferences, if they are considered developmentally mature enough to voice their own opinions
• The child’s past and current interactions and relationships with each parent, their siblings, and any other individuals who may significantly impact the child
• The child’s capacity to adjust to their home, school, and community environments
• The child’s cultural, spiritual, and religious background
• Any history of abuse or neglect of the child or a sibling of the child
• Any history of domestic violence or child abuse on the part of either parent
• Any relocation of either parent by more than 100 miles from the child’s primary residence within the past year
• The stability of the child’s current and prospective residences
• The mental and physical health of the child, each parent, and all other individuals involved in the custody case
• The wishes of each parent regarding the custody of the child
• The capacity and disposition of each parent to understand and meet the needs of their child
• The previous actions each parent has taken to encourage a continuing relationship between the child and the other parent, including by complying with court orders
• Any manipulative or coercive behavior on the part of either parent with the intent of involving the child in the parents’ conflict
• Any effort on the part of either parent to disparage the other parent in front of the child
• The ability of each parent to remain actively involved in their child’s life
• Any other factors the court determines are necessary

Things to Look for in Choosing a Child Custody Lawyer in Indian Land

When you decide you need legal representation for a child custody case in Indian Land, you should consider the following qualities as you choose an attorney:

• Does the attorney have experience with cases similar to yours?
• Does the attorney concentrate on family law or child custody cases?
• Does the attorney practice locally and understand the laws in your jurisdiction?
• Is the attorney easily accessible from a local office?
• Is the attorney a good communicator who can interact with all parties involved?
• Is the attorney willing and able to work with your financial circumstances?
• Do you have a good feeling about the attorney?
• Do they seem compassionate and attentive to your needs?

Get Help from Our Indian Land Child Custody Attorneys Today

When you need assistance from a child custody attorney in Indian Land, South Carolina, the respected legal team at McKinney, Tucker & Lemel LLC, is ready to work for you. Contact us today for a discounted first case review to learn more about how we can help.