Can a Custody Order Be Changed After Divorce in South Carolina?

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.

Understanding Custody Orders in South Carolina

South Carolina courts issue custody orders as part of divorce proceedings involving children. These orders cover two main types of custody:

• Legal custody: The right to make major decisions about the child’s education, healthcare, and religious upbringing.
• Physical custody: Where the child primarily lives and who provides day-to-day care.

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.

When Can You Request a Custody Modification?

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:

• A parent plans to relocate far away, affecting visitation and schooling
• One parent is violating the existing custody order
• Significant changes in a parent’s work schedule, health, or lifestyle
• Concerns about a parent’s fitness, such as substance abuse or criminal activity
• The child is struggling emotionally, socially, or academically under the current arrangement

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.

What Is Considered a “Substantial Change in Circumstances”?

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:

• A parent’s move to a new state or city that would make current visitation impossible
• A child developing medical, educational, or emotional needs that require different caregiving
• A parent becoming unfit due to neglect, abuse, or illegal activity
• One parent consistently interfering with the child’s relationship with the other parent

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.

How to File for Custody Modification in South Carolina

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:

1. Filing a motion: This legal request explains why the modification is needed and what changes you’re seeking.
2. Serving the other parent: The other parent must be notified and given an opportunity to respond.
3. Attending a court hearing: Both parties present evidence and arguments. The judge will evaluate whether a substantial change has occurred and whether a new custody order would be in the child’s best interest.

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.

Can a Child’s Preference Influence Custody Changes?

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.

Do You Need a Lawyer for a Custody Modification?

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:

• Gather and present strong evidence
• Navigate South Carolina’s procedural rules
• Negotiate with the other parent or their attorney
• Protect your parental rights in court

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.

Call Sarji Law Firm for Help With Your Child Custody Case

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.