Navigating the Complexities of Divorce and Child Custody Laws in South Carolina: A Guide for Families

Divorce can be one of the most stressful and complicated experiences a family can go through. Add children to the mix, and it can be even more challenging. If you live in South Carolina and are facing a divorce that involves child custody issues, it’s important to understand the state’s family law system.

In this guide, we’ll help you navigate the complexities of divorce and child custody laws in South Carolina, including the different types of custody, how to create a parenting plan, how the court decides custody arrangements, and more.

Types of Child Custody in South Carolina

In South Carolina, there are two types of custody: legal custody and physical custody. Legal custody refers to the right to make major decisions about a child’s life, such as where they go to school, what religion they practice, and what medical treatments they receive. Physical custody refers to where the child lives and spends the majority of their time.

Within these two types of custody, there are different ways custody can be awarded:

- Sole custody: This means one parent has both legal and physical custody of the child and makes all the major decisions regarding the child’s life.
- Joint custody: This means both parents share legal custody and make decisions together, but the child primarily lives with one parent.

Within joint custody, there are two types:

- Joint legal custody: Both parents share the right to make major decisions about the child’s life, but the child may live primarily with one parent.
- Joint physical custody: The child spends a significant amount of time with both parents, and both parents have input into major decisions regarding the child’s life.

Creating a Parenting Plan

When parents get divorced and have children, they must create a parenting plan that outlines how parenting responsibilities will be divided. The parenting plan must be approved by the court and can cover a range of topics, including:

- Custody and visitation schedule
- Transportation arrangements for visitation
- Holiday and vacation schedules
- Child support payments
- How decisions about the child will be made

It’s important to work with an experienced family law attorney to create a parenting plan that works best for your family’s unique situation.

Factors Considered by the Court in Custody Decisions

If parents can’t agree on a custody arrangement, the court will make a custody determination based on what is in the child’s best interests. The court considers several factors, including:

- The child’s age, needs, and developmental level
- Each parent’s physical and mental health
- Each parent’s ability to care for the child
- The child’s relationship with each parent

The court may also consider whether any acts of domestic violence have occurred between the parents or towards the child when making custody decisions.

Child Support in South Carolina

In South Carolina, both parents have a legal obligation to financially support their child. The child support amount is determined based on a formula that takes into account each parent’s income, the number of children, and how much time the child spends with each parent.

Child support payments are typically made to the custodial parent, but they can be paid to the state if the custodial parent is receiving public assistance.

Modifying Custody and Support Orders

Once a custody and child support order has been put in place, it can be modified if circumstances change. Common reasons for modifying a custody order include:

- A change in one parent’s work schedule
- A change in the child’s needs due to illness or disability
- One parent’s relocation

Child support orders can also be modified if there is a significant change in a parent’s income or if the child’s needs change.

It’s important to work with an experienced family law attorney if you need to modify a custody or child support order.

Final Thoughts

Divorce and child custody issues can be complex and emotionally challenging. By understanding the different types of custody, how to create a parenting plan, and how the court makes custody decisions, you can better navigate these complexities and create a plan that works for your family’s unique needs.

If you need help navigating divorce and child custody laws in South Carolina, contact an experienced family law attorney who can help guide you through the process. With their help, you can work towards a positive resolution for you and your family.