South Carolina Child Custody and Visitation Lawyer
Children deserve to feel stability in their home life. Stability is key for a child to feel more secure during the transition period following divorce. That is why discerning how parents will have access to their child is so important during this time.
Having an attorney who focuses their practice on child custody and visitation is essential. At Isaacs & Alley, LLC, we understand that every custody case is unique. We believe in taking the time to learn about your family dynamics and focusing on what is best for your child.
How is Child Custody Determined in South Carolina?
According to South Carolina Code §63-15-240, the following factors are used in determining child custody arrangements:
- The temperament and developmental needs of the child
- The ability of the parents to meet the needs of the child
- The preferences of the child
- The wishes of the parents regarding custody
- Past and current relationships with each family member and the impact that will have regarding the best interests of the child
- The stability of the child’s potential and current residences
- The child’s cultural and spiritual background
- Whether the child or any sibling has been abused or neglected
There are additional factors listed in the statute that the court will use to determine custody arrangements, as well as any other factors the court determines to be important in making their decision.
Different Types of Custody in South Carolina
South Carolina law specifies two types of custody: physical custody and legal custody.
Physical Custody
The parent that has primary physical custody is the parent with whom the child resides. This parent is responsible for tending to the child’s daily needs. This parent is referred to as the custodial parent. The other parent is referred to as the noncustodial parent and will typically pay child support to the custodial parent.
The most common physical custody arrangement is having a child reside with one parent, granting the other parent visitation rights. However, the court may grant shared physical custody if a judge believes that equal parenting time is warranted. There is a concern that this arrangement may disrupt a child’s schedule, so it is permitted on a case-to-case basis.
Legal Custody
Legal custody is granted to the parent that will be making major life decisions for the child. Major decisions typically pertain to the child’s education, religion, health care, and emotional development. The court may grant sole custody to one parent or both parents’ joint custody. When joint custody is granted, both parents have equal rights pertaining to major decisions.
Parenting Plans
South Carolina courts have parents complete a proposed parenting plan when discerning custody arrangements. A parenting plan is a proposed schedule that lists parents’ preferences on how much time they would like to spend with their child and who will make major life decisions on the child’s behalf. The form allows parents to designate separate schedules for the school year, summer, and holidays.
Consistent schedules between each household are important for a child’s mental and emotional welfare. Additionally, parents should come to an agreement regarding behaviors that are accepted between the two households. To accomplish this, the court recommends that divorced parents keep the lines of communication open.
Getting a Divorce? Speak with Our South Carolina Child Custody and Visitation Lawyer
A divorce can turn a child’s world upside down, destroying a child’s sense of normalcy. Our South Carolina child custody and visitation lawyer has helped hundreds of families ease the transition during this tough time. To learn more or to schedule your free consultation, contact us online or by calling 803-252-6323 ext. 109 or ext. 102 for Robin.