The 17 Factors Judges Must Consider In A Child Custody Case
Under South Carolina’s child custody law, Charleston divorce judges are required to consider and apply 17 specific factors. Those factors are:
(1) the temperament and developmental needs of the child;
(2) the capacity and the disposition of the parents to understand and meet the needs of the child;
(3) the preferences of each child;
(4) the wishes of the parents as to custody;
(5) the past and current interaction and relationship of the child with each parent, the child’s siblings, and any other person, including a grandparent, who may significantly affect the best interest of the child;
(6) the actions of each parent to encourage the continuing parent-child relationship between the child and the other parent, as is appropriate, including compliance with court orders;
(7) the manipulation by or coercive behavior of the parents in an effort to involve the child in the parents’ dispute;
(8) any effort by one parent to disparage the other parent in front of the child;
(9) the ability of each parent to be actively involved in the life of the child;
(10) the child’s adjustment to his or her home, school, and community environments;
(11) the stability of the child’s existing and proposed residences;
(12) the mental and physical health of all individuals involved, except that a disability of a proposed custodial parent or other party, in and of itself, must not be determinative of custody unless the proposed custodial arrangement is not in the best interest of the child;
(13) the child’s cultural and spiritual background;
(14) whether the child or a sibling of the child has been abused or neglected;
(15) whether one parent has perpetrated domestic violence or child abuse or the effect on the child of the actions of an abuser if any domestic violence has occurred between the parents or between a parent and another individual or between the parent and the child;
(16) whether one parent has relocated more than one hundred miles from the child’s primary residence in the past year, unless the parent relocated for safety reasons; and
(17) other factors as the court considers necessary.
The specific application of these child custody factors varies from case to case depending on the individual circumstances of each child.
You Should Hire a Charleston Child Custody Attorney.
Many very complex legal questions arise in each Charleston child custody case. Over the years, Charleston divorce judges have interpreted and applied the child custody law in various ways. You need to consult with a Charleston child custody lawyer to understand how your divorce judge may apply the South Carolina child custody law in your case.
If you find yourself in a marriage that you cannot save, you do not want to lose your relationship with your child as part of your divorce. If your spouse hires a Charleston child custody attorney, you need a child custody lawyer to represent you.
Please call me now at 843-800-2928. I can help you. As an experienced child custody attorney, I will be glad to answer your Charleston divorce and child custody questions.
You can also 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 child custody case. I will respond quickly.
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.