Introduction
Divorces can be a tricky process, especially when children are involved. One of the most important aspects of a divorce is determining who will have custody of the children. South Carolina has specific laws and guidelines to follow when making these decisions. In this article, we will discuss how custody is determined in a South Carolina divorce.
Types of Custody
South Carolina recognizes two types of child custody: physical and legal.
Physical Custody
Physical custody means a parent has the right to have a child live with them. If one parent has physical custody, the other parent typically has visitation rights. In some cases, parents may share physical custody, which means the child will spend significant time living with each parent.
Legal Custody
Legal custody means a parent has the right to make decisions about a child’s upbringing. This includes decisions about education, medical treatment, religious training, and more. Unless one parent is deemed unfit, South Carolina courts usually award joint legal custody to both parents.
Considerations for Custody Determination
When determining custody, South Carolina courts look at several factors to determine what is in the best interest of the child.
Stability of Home Environment
The courts will examine the stability of each parent’s home environment. They will consider factors such as the size of the home, the neighborhood, and the proximity to the child’s school and extracurricular activities.
Parenting Skills
The court will look at each parent’s parenting skills, including their ability to provide for the child’s physical, emotional, and educational needs. They will also consider the parent’s willingness to cooperate with each other and make joint decisions about the child’s upbringing.
Child’s Wishes
If the child is of a certain age and maturity level, the court may take their preferences into consideration when determining custody.
Conclusion
In conclusion, determining child custody during a divorce is a complex process that requires consideration of many factors. South Carolina courts will always seek to make decisions based on the best interest of the child. If you are facing a divorce and are concerned about child custody, it is important to seek the counsel of an experienced family law attorney.