Child Custody & Visitation
Your custodial rights and the time that you spend with your child is often the most important issue and client goal that our experienced attorneys handle.
Having an attorney who focuses on such important family law issues is essential to ensure that the particular needs and interests of you and your child(ren) are put first.
Custody within marriage
When a child is born during a marriage, each parent has full custody rights until a family court order specifies otherwise. South Carolina law, §63-5-30, does not favor one parent over the other in child custody cases.
“The mother and father are the joint natural guardians of their minor children and are equally charged with the welfare and education of their minor children and the care and management of the estates of their minor children; and the mother and father have equal power, rights, and duties, and neither parent has any right paramount to the right of the other concerning the custody of the minor or the control of the services or the earnings of the minor or any other matter affecting the minor. Each parent, whether the custodial or noncustodial parent of the child, has equal access and the same right to obtain all educational records and medical records of their minor children and the right to participate in their children's school activities unless prohibited by order of the court. Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to custody of the child.”
http://www.scstatehouse.gov/code/t63c005.php
Custody outside of marriage
When a child is born to unwed parents, South Carolina law, §63-17-20(B) governs custody until a family court order specifies otherwise.
“(B) Unless the court orders otherwise, the custody of an illegitimate child is solely in the natural mother unless the mother has relinquished her rights to the child. If paternity has been acknowledged or adjudicated, the father may petition the court for rights of visitation or custody in a proceeding before the court apart from an action to establish paternity.”
http://www.scstatehouse.gov/code/t63c017.php
Custody and visitation are no longer simply “standard” or “every other weekend” as they may have been in the past. The possibilities are broad and can even include week-on, week-off schedules to allow children true equal time between parents. Factors such as proximity of parent’s homes, work schedules, maintaining a close relationship with your child, and many other elements can be considered to make custody and visitation work best for your life. Often, the non-custodial or the “visiting” parent will be ordered to pay child support for the benefit of the child.
In contested child custody cases, a Guardian ad Litem will likely be appointed to do an independent investigation for the court. For more information on child custody actions, modification of child custody, or visitation schedules, give us a call to schedule your consultation.
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Frequently Asked Questions
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While both parents start with equal rights, the court ultimately decides custody based on the best interests of the child. This includes factors such as each parent’s ability to provide stability, maintain a relationship with the child, and support the child’s overall well-being. Equal rights do not guarantee equal time, but they ensure both parents are evaluated fairly.
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Courts now consider practical and lifestyle factors such as the distance between parents’ homes, work schedules, the child’s routine, and the ability to maintain meaningful relationships with both parents. This can lead to more flexible arrangements, including shared or equal time schedules when appropriate.
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When working with a family court attorney in Greenville, SC, you can expect an initial consultation to discuss your situation, followed by a strategy tailored to your case. Depending on the circumstances, your case may involve temporary hearings, document exchange (discovery), mediation, and either a negotiated agreement or a final court hearing. Your attorney should guide you through each stage, explain your options, and help you prepare for important decisions along the way.
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A Guardian ad Litem is appointed to conduct an independent investigation focused on the child’s best interests. They may interview parents, review living situations, and gather relevant information before making recommendations to the court. Their findings can carry significant weight in contested custody decisions.
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Child support is often tied to custody arrangements but is not solely determined by who has primary custody. The court considers factors such as income, time spent with the child, and financial responsibilities. Even in shared custody situations, one parent may still be required to provide support depending on the financial balance.