If you’re a parent, few things in life are more challenging than facing the possibility of losing custody of your child.
When experiencing something as life-altering as a child’s birth, a divorce or a separation, the last thing you want to do is navigate unfamiliar and complex legal systems to understand your rights to your own child.
This accessible guide covers everything you need to know about how child custody arrangements work in South Carolina, including how child custody is awarded, the different types of custody arrangements and more.
The Different Types of Child Custody in South Carolina
In South Carolina, there are two distinct custody categories: legal custody and physical custody.
A parent’s legal custody over their child relates to their right and responsibility to have a say in the important decisions affecting the child’s upbringing, such as the child’s:
- Education
- Healthcare
- Religious affiliation
- General welfare
A parent’s physical custody determines where their child lives and receives their day-to-day care.
When it comes to allocating these two types of custody to a parent or parents, there are three ways that custody may be awarded:
- Joint custody: Both parents receive legal and physical custody, or, more commonly, both parents receive legal custody, and only one parent receives physical custody. In this instance, the parent who is not granted physical custody may receive visitation rights.
- Sole custody: Only one parent is awarded legal and physical custody of the child, usually due to the other parent being deemed unfit.
- Split custody: When multiple children are involved, one parent may be awarded custody of some of the children, and the other parent awarded custody of others.
Who Can Get Child Custody in South Carolina
In South Carolina, who is awarded custody of a child depends on multiple factors, including the status of the parents’ relationship, whether either parent can be deemed fit and — most importantly — the best interest of the child.
How Custody Is Determined for Unmarried Parents
In South Carolina, if a child’s parents are unmarried, the mother is granted sole legal custody by default, unless a family court intervenes or the mother relinquishes custody.
Although the law generally sides with mothers in this instance, unmarried fathers can gain custody or visitation rights for their children. If they have established their paternity of the child, either voluntarily by agreement from the mother or through a court order, unmarried fathers can request both custodial and visitation rights from the court.
If the father’s paternity is proven, custody of the child is determined through the same process as is used for most married parents.
How Custody Is Determined for Married Parents
South Carolina courts award custody based primarily on the best interest of the child and by establishing which, if either, of the couple is a fit parent.
When determining which individual is a more fit parent, the courts consider:
- Who has demonstrated the most responsibility for the child during their life so far.
- Who has primarily made major decisions on the child’s behalf.
- The findings of the Guardian ad Litem, who is the person appointed to represent the best interests of the child.
The court also considers who is best able to care for the child, taking into consideration the parents’:
- Age
- Income
- Physical and mental health
- Parenting styles
- Education
- Living situation
- Any history of abuse or neglect
- Past alcohol and drug use
In some cases, they may consider the child’s preferences, depending on their age, maturity, judgment and reasonable wishes.
Although the court generally deems it in the best interest of the child to give one or both parents custody, the court may decide that the child would be better cared for by another individual or institution, called an alternative custodian. Examples of alternative custodians include:
- Grandparents, older siblings or other relatives.
- A de facto custodian, who is someone who has been the primary caregiver of the child, despite not being their biological or adoptive parent.
What Happens When Both Parents Are Deemed Fit
If both parents are deemed fit, the court may award them shared custody. However, this may not mean that both parents receive legal and physical custody of the child.
In most cases in South Carolina, shared custody of a child results in both parents having legal custody of a child, but only one parent receiving primary physical custody. In these instances, the parent who does not receive physical custody may instead be awarded visitation rights or parenting time. While the court seeks to establish a fair agreement for both parents, the priority is always the best interest of the child.
Most of the time, the courts decide that this is the most suitable and least disruptive decision for the child’s well-being, as it enables them to establish one sole home and a healthy routine, instead of constantly moving between two homes.
Under some circumstances, the court deems it in the best interest of the child for their parents to have joint physical custody, whereby the child splits their time between their parents’ two homes. Their time does not have to be split exactly evenly, but they must have an established presence in each home if joint physical custody is awarded.
Frequently Asked Questions
Navigating child custody laws can be challenging and may leave you with unanswered questions.
How Much Does a Child Custody Lawyer Cost in South Carolina?
Many child custody lawyers in South Carolina charge an up-front fee or retainer, which can cost anywhere between $3,000 and $6,000 or more, as well as a standard hourly rate for their work.
Each case is treated differently, and factors that can affect your legal fees include:
- The complexity of the case.
- The lawyer’s experience.
- Involvement of third parties.
- Whether the case goes to trial.
- The requirement of any witnesses.
- Miscellaneous costs.
Who Are the Best Child Custody Lawyers in Charleston, SC?
When comparing child custody lawyers in Charleston, you want to find an attorney who can connect with your cause and who has a track record of success in similar cases.
Among other things, you should consider a lawyer’s:
- Expertise in child custody and family law specialization.
- Professional experience with similar cases.
- Communication style and approach.
- Ethics, compassion and family beliefs.
- Fee structure and overall costs.
- Reputation, testimonials and reviews.
Fortify Your Child Custody Case With Lauren Taylor Law
With more than a decade of experience in family law, the Lauren Taylor Law team of attorneys is qualified to tackle even the most complex child custody cases.
At Lauren Taylor Law, we are driven by passion, strength and a relentless fight for our clients’ rights.
If you want the support of an attorney who will champion your cause and help you navigate the complexities of family law, contact Lauren Taylor Law or call us at 843-790-9009 today.
