As a divorce and child custody lawyer in Charleston, SC, I have the opportunity to answer many family law questions. Frequently, those questions concern child custody and child support issues.
It is common for a person to have a misconception about South Carolina child custody laws and how our Charleston family law judges apply those laws in a divorce or legal separation case. Some of the misunderstandings come from what a friend has said about the decision in their divorce or child custody case. In other situations, an inaccurate television or newspaper report may have created an incorrect perception of Charleston divorce or child custody case law. Over a period of time, these incorrect, second-hand reports become so ingrained that they rise to the level of “myths” regarding Charleston child custody law.
Before you move forward with your Charleston divorce or legal separation, you should be aware of why these Charleston child custody myths are wrong.
Charleston Child Custody Myth No. 1. Mothers Always Get Sole Child Custody.
Not true. Gender is irrelevant under South Carolina child custody law. Your Charleston divorce judge will not focus in your child custody case on your gender. Instead, your divorce judge will be concerned with 17 statutory factors regarding the best interests of your child. For a specific list of those child custody factors, please read my article on the South Carolina child custody law. For a discussion of how your Charleston divorce judge may determine child custody in your case, please read: “How Will the Judge Decide Your Charleston Child Custody Case?”
Charleston Child Custody Myth No. 2. I Will Get Child Custody Because I Earn More Money.
False. Your income and the income of your spouse are not included on the list of 17 statutory factors that your judge will use to determine child custody in your Charleston divorce or legal separation case. While income may be a factor in the ability of you and your spouse to meet the needs of your child after your divorce, Charleston divorce judges do not make child custody decisions on the basis of which parent is wealthier. Instead, Charleston divorce attorneys agree that our divorce judges are more interested in the past and current parent-child relationship.
Charleston Child Custody Myth No. 3. Fathers Only Get Weekend Visitation.
Incorrect. South Carolina child custody law does not have a “standard child visitation” schedule. Instead, the child visitation schedule in your divorce or legal separation will be based on the individual needs of your child and the ability of you and your spouse to provide for those needs. With the skillful assistance of a Charleston, SC child custody lawyer, you and your spouse can negotiate a child visitation schedule that will serve the best interests of your child and conform to your respective schedules.
Charleston Child Custody Myth No. 4. I Am Stuck With My Child Custody Order For Forever.
Wrong. Charleston parents are often disappointed by a child custody decision. Those parents know that their divorce judge made the wrong child custody decision. If you are in that situation, you know how much it hurts – for you and, most importantly, for your child. However, you should not give up on trying to change the child custody order. You may be able to modify your child custody order. While you will probably need the help of a skilled Charleston child custody attorney to file a motion for modification of child custody, it’s not impossible to change an existing child custody order. If there has been a substantial change of circumstances for your child or either parent, your divorce judge may modify your child custody order to give you more time with your child.
Charleston Child Custody Myth No. 5. I Don’t Need To Have An Attorney Represent Me In My Charleston Divorce.
A Potentially Disastrous Mistake. Many complicated legal and factual issues are involved in each Charleston child custody case. As reflected by this discussion of Charleston child custody myths, many people have an incorrect understanding of how child custody decisions are made in Charleston. You need the help of a hard-working Charleston, SC divorce and child custody lawyer. Trying to represent yourself in divorce court might be just about the worst thing you could do.
To speak directly with me, please call me now at 843-631-7117. I am looking forward to your call.
Alternatively, please use the contact form to ask me any questions that you may have regarding your mother’s rights or father’s rights in your Charleston divorce or child custody case. I will be quick to respond.
Working together, we will protect your parental rights and build a better future for you and your child in Awendaw, Charleston, Daniel Island, Goose Creek, Isle of Palms, James Island, Johns Island, Kiawah, Mount Pleasant, North Charleston, Sullivan’s Island, Summerville, or West Ashley.
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