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When a divorce is finalized, the court issues a custody order outlining how parents will share responsibilities and parenting time. But life doesn’t stop changing just because your court case ended. Whether one parent is relocating, a child’s needs have evolved, or a parent is no longer following the agreement, you may be wondering: Can a custody order be changed after divorce in South Carolina?
The answer is yes, but only under certain conditions. At Sarji Law Firm, in Charleston, we help parents across South Carolina seek and defend custody modifications that reflect what’s best for their children. This blog explains when and how custody orders can be changed, what qualifies as a “substantial change,” and how to protect your parental rights throughout the process.
South Carolina courts issue custody orders as part of divorce proceedings involving children. These orders cover two main types of custody:
Parents may share joint custody or one parent may have sole custody. Regardless of the arrangement, custody orders are legally binding. However, South Carolina courts recognize that children’s needs and family dynamics can change over time, and so can the terms of custody.
Under South Carolina law, a custody order can be modified if there has been a substantial change in circumstances affecting the best interests of the child. Simply being unhappy with the current arrangement isn’t enough; you must show that circumstances have materially changed since the original order was entered.
Common reasons courts approve custody modifications include:
In all cases, the court’s top priority remains the best interests of the child, as outlined in South Carolina Code § 63-15-240. The court will not grant a modification unless it believes the change will benefit the child’s well-being.
The key to modifying a custody order is proving that something significant has changed since the last order and that this change directly impacts the child. Some examples of substantial changes include:
It’s important to note that even if the child expresses a preference to live with the other parent, that alone is not enough unless the court finds the child’s reasoning to be mature and valid.
To seek a modification, you must file a petition with the family court in the county that issued the original order. The steps generally include:
If both parents agree on the change, you can submit a consent agreement for court approval. If not, the court will decide based on testimony, evidence, and the statutory factors in § 63-15-240.
Yes, South Carolina courts may consider the child’s preference, especially if the child is older and mature enough to express a reasoned opinion. However, it’s only one factor among many. The court will also evaluate whether the child’s preference is the result of pressure, bribery, or coaching by a parent.
Judges weigh all evidence through the lens of what will serve the child’s long-term welfare and stability.
While it’s possible to file a custody modification on your own, the process is complex, and the outcome can profoundly affect your relationship with your child. Having an experienced family law attorney can help you:
At Sarji Law Firm, we know how to build compelling custody modification cases and advocate for what’s best for your child and your family. Whether you’re seeking more parenting time or opposing an unfair change, we’re here to help.
Custody arrangements should evolve with your child’s needs, not stay frozen in time. If you believe your custody order no longer works, learn more about child custody in South Carolina or contact us today to schedule a consultation. We’ll evaluate your case, explain your legal options, and help you take the right steps toward a fair and appropriate modification.
