Are you ready to leave your marriage but uncertain of what’s best for your child? Thinking about the effects of divorce can be daunting, especially if you aren’t sure what laws apply to your situation.
You may wonder if taking your child with you is the best option — however, you must understand your state’s parental laws before making this decision.
Parental Rights in South Carolina
Jump Ahead To
Parental rights vary from state to state. To help ensure the well-being and emotional support of your child, recognize the terms specific to South Carolina:
- Parental kidnapping: Removing your child from their home without consent is illegal. If you take your child with you when leaving your marriage, you could be accused of parental kidnapping .
- Parental alienation: This occurs when one parent intentionally damages their child’s relationship with their spouse. If you attempt to sever your child’s relationship with your partner, it could be considered parental alienation .
- Court order of custody: A legal order that defines your child’s legal and physical guardianship. It can include various types of custody , a parenting plan and a visitation schedule.
- Sole custody: One parent is granted physical custody, and the other may have visitation rights. Sole custody is the most common custody arrangement.
- Joint custody: Both parents are “equally” responsible for the child. Joint custody is considered “co-parenting,” as the child’s home care is shared.
- Divided or split custody: If parents have multiple children, they can split custody. In this case, one child would reside with you and the other with your spouse.
How to Get Child Custody
If you take your child with you when you leave your spouse, you could jeopardize your ability to get custody. All actions against your spouse that concern your child could be considered in court, so make sure you are up to date with the process. Full custody requires these steps:
- Draft the divorce/paternity petition.
- File and submit the petition.
- Schedule a temporary hearing.
- Attempt to resolve through mediation.
- Go to trial for a custody hearing.
- Present your case and await the judge’s decision.
Remember, you may not have to go through these steps. If you and your spouse can reach a friendly agreement regarding your separation, you can devise a schedule together.
In South Carolina, you must meet requirements before filing for divorce . If possible, you can draft a separation agreement detailing your and your spouse’s plans for a visitation schedule, as well as your property and child support.
Protecting Your Children
If your husband or wife is abusive , removing your child from the home may seem like the best idea. However, you must still be aware of legal rights and safety. To determine the best way to obtain a safe environment for your child, contact a family law attorney and discuss how to get a temporary protective order.
Count on Lauren Taylor Law
At Lauren Taylor Law, our team is dedicated to helping South Carolina families navigate the uncertainties surrounding the family and criminal court process.
If you are planning to leave your spouse and need to know the best option for your child, we can provide the information you need to do what is best for you — and your children.
Contact us today or call 843-790-9009 to learn more about your options and take safe action in your case.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her husband Michael and her golden retriever, Buster.