8 Considerations When Determining Child Custody in South Carolina
Picture this: You’ve just finalized your separation, and now you’re wondering who will have your child on weeknights or whether you’ll need to move closer for consistent visitation. Or maybe you’re living in Lancaster and struggling with the uncertainty of what “the best interests of the child” really mean in your case.
For parents facing child custody issues, these questions are all too familiar. Will the court consider your child’s preference to stay with you? How will your ex’s recent job relocation impact the arrangement? These are the types of challenges parents in Rock Hill, Lancaster, and across South Carolina often face when navigating custody disputes.
At Barboza Law, we understand how overwhelming this process can be. Our dedicated Rock Hill child custody attorney is here to guide you through each step, and make sure you feel supported and prepared to make the best decisions for your family. Let's take a look at some of the things the court looks at when making custody decisions.
8 Factors That Influence Child Custody and Visitation
Child custody is one of the most contentious matters in divorce and separation. According to South Carolina law, child custody and visitation are based on the best interests of the child. The court will consider a wide range of factors to ensure the child's welfare and safety are prioritized, including but not limited to the following:
1. The Child's Age and Needs
Infants and young children have different developmental and emotional needs than older children and teenagers. For example, when considering a baby or toddler, the primary caregiver may be given more time. However, older children and teenagers may benefit more if they have equal time with both parents to maintain strong relationships.
2. Health and Fitness of Each Parent
Caring for children is exceptionally taxing. The mental and physical health of parents is important. In addition, each parent may be evaluated based on their lifestyle and ability to provide a stable and nurturing environment.
3. The Parent-Child Relationship
The existing relationship between the child and their parents is critical in determining custody and visitation. Is one parent the primary caregiver, or do both play an equal part in day-to-day parenting? Does the child have an especially strong bond with one parent? The court will evaluate the relationship and aim to provide a custody arrangement in the best interests of the child.
4. Child's Preference
While a child's preference isn't always granted, the court may take it into consideration, given their age and maturity.
5. History of Domestic Violence, Abuse, or Coercive Behavior
If there is any history of domestic violence, child abuse, neglect, or coercive behavior, the court may consider custody restrictions. In some cases, restrictions may include supervised visitations. If a parent is coercing a child to disparage the other parent, it may also affect how custody will be determined. Family courts take the history and accusations of domestic violence and child abuse very seriously. If you are involved in a child custody dispute and are facing allegations of domestic violence, a Rock Hill domestic violence attorney can help you take the next best steps to protect your rights.
6. Stability, Including the Child's School and Community
Stability is one of the most important factors when determining child custody. If a child is thriving at school and has developed many close ties and bonds with friends, the court may favor a custody arrangement that will maintain those bonds.
7. Whether a Parent Has or Plans to Relocate More Than 100 Miles Away From Their Primary Residence
Expanding on the above, if one parent has or plans to relocate, the court may favor a custody arrangement that minimizes any disruption to the child's stability. If the primary caregiver has or plans to move for a better career or remarriage, the judge may consider if the move would be in the child's best interests.
8. The Wishes of The Parents
South Carolina is not a 50/50 child custody state. However, custody may be split equally if both parents are in agreement. If parents are disputing custody, the court will decide based on the child's best interests. It should be noted that when the parents are not wed, sole custody is given to the mother. However, fathers may petition the court for custody and visitation once paternity has been legally established.
Do I Need a Rock Hill Child Custody Lawyer to Help with My Case?
A child custody attorney in Rock Hill, SC can be your ally throughout the legal process. Disputes over child custody can be stressful and emotionally draining. A family lawyer can make the process so much easier by helping you understand the potential outcomes and imacts of different custody arrangements, so you know you're making a better decision.
If you are a parent and have questions about child custody laws and how they affect your unique family matters, please contact Barboza Law today. Schedule a consultation today by filling out our online form or dialing (803) 973-6003. Let us be your trusted advocate in securing an outcome that reflects the best interests of your child's needs. We represent clients across South Carolina, including Lancaster County, York County, and surrounding areas.
