Are you a parent who is going through a divorce or separation in Charleston or elsewhere in South Carolina? You may have questions about how the custody process works. In South Carolina, the best interests of the child is always the primary factor that is used to determine custody and visitation. Here, our Charleston divorce lawyer provides a more comprehensive explanation of how child custody is decided in South Carolina.
South Carolina is a Best Interests of the Child State (How Custody is Decided)
In South Carolina, child custody covers: legal custody (decision-making authority) and physical custody (possession). Both forms of custody can be held jointly by the parents or be granted solely to one parent. For many years, there was a presumption against joint custody; however, since 2024, no such presumption exists.
How is custody decided? Under South Carolina law (SC Code § 63-15-240(B)), the “best interests of the child” standard applies. Absent agreement, a Court will issue (or modify) a custody determination based on the evidence concerning the best interests of the child, including the temperament and developmental needs of the child, the capacity and disposition of the parties to understand and meet the needs of the child, and the preferences of each child, etc.
An Overview of the Best Interests of the Child Factors
South Carolina law empowers the Family Court to consider a wide range of different criteria when determining what is best for the child, including the following:
- Parental Capacity: Each parent’s physical, emotional, and financial fitness, as well as their ability to care for and nurture the child, are essential.
- Parent–Child Relationship: Courts in South Carolina give considerable weight to the bond with each parent, siblings, and other significant adults.
- Co-Parenting Behavior: Efforts by a parent to foster or undermine the other’s relationship with the child will be evaluated. Parents who act in bad faith could lose custody rights.
- Stability of the Home: Stability matters. The continuity and safety of both current and proposed residences can be carefully evaluated.
- Domestic Violence or Abuse: Any history of child abuse, child neglect, or domestic violence is given considerable weight in South Carolina.
- Child’s Preference: If age-appropriate, the Court weighs the child’s expressed preference. Children do not decide on custody, but they can give considerable input if old enough.
Courts Give Parents Discretion to Work Out Their Own Custody/Visitation Arrangement
In South Carolina, Courts encourage parents to work together to create their own custody and visitation arrangement. As long as the proposed plan serves the best interests of the child, the Court is likely to approve it. Parents can decide how to divide physical custody, legal decision-making authority, holiday schedules, and other key issues. A cooperative approach to parenting can help to reduce conflict and allow for a more flexible, personalized plan. At the same time, Courts in South Carolina will always protect the best interests of the child, and a Court may outright reject a custody plan that the parents agreed upon if it is deemed inappropriate for the child’s best interests.
Contact Our Charleston Child Custody Attorney Today
At The Peck Law Firm, our Charleston child custody lawyer has the knowledge and experience that parents can trust. If you have any questions or concerns about how child custody is decided, please do not hesitate to contact us today for a fully confidential case evaluation. With offices in Charleston, Mount Pleasant, and Summerville, we handle divorce cases throughout the broader region.