What are the typical child custody arrangements in South Carolina? Technically, numerous custody configurations can help families meet a child’s needs. Child custody can be sole, joint, shared, or split, depending on what is in the best interest of the children.
Understanding the legal terms is crucial when deciding which child custody arrangements are in your child’s best interests.
At McKinney, Tucker & Lemel, LLC, we are committed to helping families understand the types of child custody in South Carolina and working with them to find solutions that meet their child’s needs. What type of legal custody arrangement is best for your family? Contact our offices today for a confidential consultation to learn more about how we can help you.
What Is Sole Custody?
South Carolina custody laws define two specific types of custody. Sole custody arrangements mean only one parent is predominantly responsible for caring for a child and has temporary or permanent custody unless a court order provides otherwise. That parent is also responsible for making significant decisions regarding the child’s education, healthcare, religious training, and extracurricular activities.
In many sole custody arrangements, although one parent is typically in charge of housing and raising the child, the other parent may be awarded some visitation to keep in contact and maintain a relationship with the child.
What Is a Joint Custody Arrangement?
Joint custody is an arrangement where both parents share the responsibility and right to make major decisions for the child. The court may designate one parent to have the sole authority to make specific decisions, which will be outlined in an order. Both parents retain the right to make all other decisions.
What Is a Shared Custody Arrangement?
Shared custody is an arrangement where the parents have nearly equal parenting time with the child. Shared custody has nothing to do with decision-making regarding the child. Shared custody is entirely about where the child resides. In a shared custody arrangement, the child divides their time between both parents’ homes. With shared custody, one parent is sometimes authorized by the court to make the final decision on issues when the parents cannot agree.
What Is Split Custody?
In a split custody arrangement, the children of the divorcing couple will not all live with the same parent. One or more of the children will live with one parent, and one or more of the children will live with the other parent. The parent with whom the child lives has the responsibility of making all the significant decisions for the child or children within their care. The courts do not favor this option, but they do allow it in some circumstances.
The South Carolina family court can help parents come to numerous custody arrangements based on the child’s best interests. Your custody arrangement depends on several factors, the most important of which is the child’s best interests.
What Is Visitation?
Visitation rights, sometimes called “parenting time,” often get awarded to a parent who does not share joint custody of a child. When a child primarily resides with one parent, the other parent may get parenting time. South Carolina stipulates that the non-custodial parent gets a minimum amount of parenting time unless that parent’s rights have been terminated. Typically, minimum visitation means the non-custodial parent gets one weeknight visit and overnight visits every other weekend. However, depending on the circumstances, a family court judge has broad discretion under South Carolina’s custody laws to order more or less than minimum visitation.
What Types of Custody Arrangements Are Most Common?
The most common type of custody arrangement is joint custody, followed by sole custody. South Carolina courts recognize the value of allowing both parents to be involved in raising a child. Joint custody arrangements typically mean that both parents establish, maintain, and build a strong bond with their child, which can help the child grow and thrive.
How Is Child Custody Determined in South Carolina?
Determining a custody arrangement can sometimes be challenging. For separating parents who are basically on the same page about how to raise their child, mediation may be the way to come to a mutually beneficial arrangement. In mediation, a neutral third party helps foster communication between parents, allowing them to draft custody agreements that address each parent’s concerns and goals and meet the child’s needs.
Sometimes, parents cannot resolve their differences and need a South Carolina family court to intervene in custody proceedings. A judge evaluates the specific circumstances of the divorce and what type of arrangement is in the child’s best interest under the state’s child custody laws.
How does a judge determine custody in South Carolina? They review several factors, including:
- Age and physical health of each parent
- The mental health of each parent
- The child’s relationship with each parent
- The child’s needs
- Each parent’s ability to provide the child with a safe and stable home environment
- Each parent’s willingness to foster a good relationship with the other parent
- The child’s relationship with siblings or extended family members
- The child’s special needs
- The child’s preference, if they are old and mature enough to understand their situation
- Each parent’s history of child abuse or domestic violence
A judge can also use discretion to evaluate any other factors deemed crucial to helping them determine what is in the child’s best interests.
How Can I Get Custody of My Child?
How can you get custody of your child? If your case is moving forward in court, you and your attorney must work to demonstrate why getting custody of your child is in your child’s best interests. That means providing proof and documentation that you offer your child a stable, secure, safe, and loving environment where they can thrive intellectually, emotionally, and socially.
If you are concerned about your child’s safety and welfare in the hands of your ex-spouse, you need to address those concerns with an experienced attorney. Our child custody attorneys can evaluate your family’s situation and build a case that shows why your child being placed in the care of your former partner may be detrimental to the health and safety of your child.
Contact a South Carolina Child Custody Lawyer
At McKinney, Tucker & Lemel, LLC, we know your child is your priority. We’ll use our decades of family law experience to help you find a custody solution that offers the most favorable outcome possible for you and your family.
Contact our South Carolina family law attorneys today for help and request a confidential legal consultation.
