At Blood Law, PLLC, we understand the importance of protecting your child’s best interests in a child custody case. If you are facing a divorce, it would be advisable for you to speak with an experienced lawyer about your child custody and parenting plan options. Like most states, South Carolina promotes the best interests of the child standard before making decisions about child custody, child support, and visitation. The courts will also look to the parents to determine if they can co-parent in a supportive manner that will foster growth and encouragement for the child.
Types of Child Custody
South Carolina law recognizes two types of custody: sole and joint.
Sole custody allows one parent to be responsible for making decisions about the child’s life. It is typically awarded if the parents cannot work together or one parents in incapable of making decisions that would be in the child’s best interests. A parent can have sole physical custody or sole legal custody of their child.
Joint custody is awarded to both parents who share the responsibility of making decisions for their child. This is generally successful if the parents can communicate effectively with one another and put their child’s needs over their own preferences. A parent can have joint physical custody or joint legal custody of their child.
Custody is broken down into sole physical custody, joint physical custody, sole legal custody, and sole physical custody. Physical custody refers to which parent the child will spend his/her time with, including where he/she will reside. Legal custody gives a parent the right to make long-term decisions about a child’s welfare.
How Custody Is Determined in South Carolina
South Carolina Law considers the best interests of the child when awarding child custody. There is no law requiring that custody be granted to the primary caretaker, but there are criteria the court refers to when reaching a decision. These include but are not limited to the following:
- The preferences of the child
- The parents’ wishes regarding custody
- The temperament and developmental needs of the child
- The previous and current interaction of the child with each parent
- The relationship of the child with each parent
- The capacity and disposition of each parent
- The actions of each parent to encourage the child’s relationship with the other parent
- The mental and physical health of all individuals involved
- The stability of the child’s existing residence(s)
- The existence of any child abuse or domestic violence
- The ability of each parent to play an active role in the child’s life
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Child custody matters impact you and your child’s future. As such, it is advisable to contact an experienced lawyer to ensure you are well equipped to navigate these matters with the right support. At Blood Law, PLLC, we have built a reputation for providing our clients with concierge-level service, so you can focus more on transitioning your family and moving forward rather than the legal matters at hand.
Children Come First
With the complexities of family law, we put the well-being and safety of your children at the forefront of your case.
When you work with Blood Law, PLLC, you work with our entire team. Everyone is here to support you through each step.
We create personalized plans for each client while setting realistic expectations on the possible outcomes of the case.
From our first phone call to final signing, our team goes above and beyond to make sure you're getting the attention you deserve.