Child Custody FAQ

As a child custody lawyer in South Carolina, I’m aware of frequently asked questions that we receive from new clients. We understand why there are so many questions, too, because there’s a lot of misinformation about child custody. Plus, each state law varies significantly or subtly on child custody. We are here to dispel the misinformation, clarify misunderstandings, and provide the right information so you can make smart, informed decisions about your child and your unique situation.

If you still have questions or want more specific information about your child custody matter, contact Sarji Law Firm today either by using our online form or calling us directly at 843-722-5354.

What are the most common types of child custody?

Different types of custody arrangements can be ordered by South Carolina courts:

1. Sole custody: In sole custody arrangements, one parent is granted exclusive rights and responsibilities regarding the child’s upbringing. This parent, often referred to as the custodial parent, has the authority to make all significant decisions pertaining to the child’s welfare, education, healthcare, and religious upbringing without needing to consult the other parent. The non-custodial parent may still have visitation rights or limited interaction with the child, but their role in decision-making is minimal. This type of custody is typically ordered in situations where one parent is deemed unfit or unable to participate in the child’s life effectively due to reasons such as substance abuse, domestic violence, or mental health issues. Sole custody ensures that the child’s needs are met consistently and protects them from potentially harmful influences.
2. Joint custody: Joint custody involves both parents sharing responsibilities and making significant decisions about their child’s life together. In this arrangement, parents collaborate on matters such as education, medical care, and religious upbringing, striving to act in the child’s best interests. Typically, one parent is designated as the primary custodian, meaning the child resides with them most of the time, while the other parent has scheduled visitation. This arrangement encourages both parents to remain actively involved in their child’s life and ensures that the child maintains a strong relationship with both. Joint custody is favored in cases where parents can effectively communicate and cooperate, providing a stable and supportive environment for the child despite the separation.
3. Shared custody: Shared custody arrangements are designed to ensure that both parents spend nearly equal time with their child. This approach aims to provide a balanced upbringing by allowing the child to benefit from the active involvement of both parents. Even though parenting time is shared equally or almost equally, one parent is often given the role of the primary decision-maker to streamline decision-making processes and reduce potential conflicts. This arrangement can be beneficial for the child’s emotional and psychological development, as it promotes strong bonds with both parents and a sense of stability. However, shared custody requires a high level of cooperation and communication between parents and is typically successful when both parties live relatively close to each other and are committed to co-parenting effectively.
4. Split custody: Split custody is a less common and often less favored arrangement where siblings are divided between the parents, with some children living with one parent and the others living with the other parent. This type of custody might be considered in situations where the children’s best interests are served by being separated, such as when siblings have significant conflicts with each other or when individual children have stronger bonds with different parents. While split custody can address specific needs of each child, it also has the potential to create emotional challenges, as it separates siblings and can lead to feelings of division within the family. Courts typically approach split custody with caution, carefully considering the impact on all children involved and prioritizing arrangements that maintain sibling relationships whenever possible.

What is the most common child custody arrangement in South Carolina?

Child custody arrangements vary from family to family and state to state. There are several arrangements that are more popular than others, including legal custody, physical custody, sole custody, joint legal custody, and sole legal custody. Of these, joint legal custody is the most common custody arrangement when people are able to reach an agreement. This is where both parents are involved in the decisions regarding how their child is raised. However, South Carolina appellate courts have repeatedly indicated that shared custody arrangements are generally disfavored in South Carolina. Child custody orders, however, are not static and aren’t intended to be. If a parent needs to modify child custody or support, they may be able to do so.

If we were never married, do I still need a custody order in South Carolina?

The answer to this question depends on your end goal. If you are seeking to establish any rights to the child, including custody, visitation, or child support, paternity does need to be confirmed. Most states hold that when a child is born out of wedlock, the mother has sole custody unless a court has held otherwise in an order. In South Carolina, an unmarried mother has sole custody until a court establishes something different.

Determining Paternity in South Carolina

In South Carolina, paternity is vital for unmarried parents to establish legal rights and responsibilities. Methods include voluntary acknowledgment at birth, administrative processes through the Department of Social Services, or court-ordered actions with genetic testing. Paternity is presumed if parents are married at birth or within 300 days thereafter. Establishing paternity ensures the child’s entitlement to financial support, medical benefits, and inheritance. It enables the mother to seek child support and share parental duties, while granting the father rights to custody, visitation, and decision-making, fostering a stable family environment.

How is child custody determined in Charleston, Berkeley, and Dorchester Counties?

In most states and most situations, when the parents of a child are able to agree on a child custody arrangement, the court will issue an order that confirms the terms of the agreement. When the parties are unable to reach an agreement on their own, in South Carolina, we are required to attend mediation to see if that helps. When all else fails, the court will hear the matter and issue an order the parties must abide by. The court will consider testimony, the report of a court-appointed guardian that is looking out for the best interest of the child, and other evidence when deciding child custody. The best interest of the child is always the criteria the court uses in these decisions.

What’s the difference between legal and physical custody?

When a parent has physical custody, they actually have the physical child placed with them. This means that the child lives with this parent, who is responsible for taking care of their everyday needs, such as feeding, clothing, and ensuring their general well-being. The parent with physical custody handles the daily routines, provides a stable home environment, and directly oversees the child’s activities, schooling, and social interactions. In many cases, one parent may be awarded primary physical custody, meaning the child spends the majority of their time living with this parent. The other parent may be granted secondary physical custody, which usually involves scheduled visitation periods, such as weekends, holidays, or school vacations, allowing the child to maintain a relationship with both parents.

A parent who has legal custody is the one allowed to make important decisions about the child, including decisions regarding the child’s medical care, education, and religious upbringing. Legal custody pertains to the authority to make significant life choices that affect the child’s long-term well-being and development. Joint legal custody may be awarded to both parents, giving them equal rights and responsibilities in making these crucial decisions. This arrangement encourages collaboration and ensures that both parents remain actively involved in their child’s life. However, in South Carolina, one parent must have the final say in the event that the parents do not agree on a major decision affecting the minor child. Therefore, one parent will be designated as the primary decision-maker to resolve disputes and ensure timely and consistent decision-making.

We are able to divide up responsibility for primary decision-making in cases where parents can agree. For example, one parent may be the primary decision-maker on educational issues, taking the lead on matters such as school enrollment, academic programs, and extracurricular activities. The other parent may be the primary decision-maker with regard to medical issues, making decisions about healthcare providers, treatments, and medical emergencies. This division of responsibilities can be beneficial in reducing conflicts and ensuring that each parent has a defined role in the child’s upbringing. Such arrangements require a high degree of cooperation and communication between parents, as they must work together to implement and respect each other’s decisions in their respective areas of authority. This approach helps to balance parental involvement and supports the child’s best interests by leveraging the strengths and expertise of each parent in different aspects of their child’s life.

Does custody primarily go to one parent in South Carolina?

This is an incorrect assumption many people make. The answer is “no.” The truth is that courts often award other types of custody arrangements, such as joint physical custody, joint legal custody, or a combination of both. Some states do require a primary custodian, though, but that does not mean one parent gets full custody.

The courts always consider the evidence and the best interest of the child to be of paramount concern.

Do I need a child custody lawyer in Charleston, Berkeley, and Dorchester Counties?

It’s really up to you if you want a child custody lawyer. As for needing one, that depends on what is meant by that. Child custody laws are nuanced and can be stringent. Mistakes are not affordable because the custody of your child is at stake.

In many cases, parents mutually agree on child custody arrangements, and so that makes the matter easier. In some of those cases, though, a parent may have felt compelled to agree, and so having a family law attorney advise you on what’s fair (or not) is beneficial. In contentious situations, a child custody lawyer is highly recommended. It takes skills, knowledge, and a lot of perseverance to make sure the child custody arrangement approved or ordered by the court is fair and just and reflects what you had anticipated.

Contact a Child Custody Lawyer in South Carolina Today

If you need help with a child custody case, contact Sarji Law Firm. Our child custody attorney in South Carolina will advise you of your rights and guide you through the process. Contact us online or at 843-722-5354 to schedule a consultation.