Divorce is always disorienting to children who have become accustomed to living with both parents and will now travel between homes. Parents nearly always understand that children may find parenting time, parenting schedules, legal custody, and join custody disorienting and seek stable child custody and visitation arrangements which will preserve parent-child relationships while safeguarding a child's sense of security.
Under South Carolina law, court awards both physical and legal custody. Legal custody can be either sole legal custody or joint legal custody. Physical custody is either sole, where the child lives with one parent, or joint, where the child lives with both parents for a pre-set period of time each week or month.
In determining the best interest of the child, the court will consider several factors:
- Circumstances of the spouses
- Nature of the case
- Religious faith of parents and child
- Welfare of the child
- Best interests of the child
- Child’s preference for custody based upon child’s age, experience, maturity, judgment and ability to express preference
Visitation rights may be agreed upon by the parents but if they are unable to agree, the court will set visitation rights. If a parent is denied court-ordered access to a child, he or she may bring the issue back before the court by filing a “Petition for Modification.” If it is in the best interest of the child, the judge may decide to modify the visitation order as well as order makeup visitation for the time missed.
Child Support
There are state child support guidelines based on the income of both parents. The basic child support award can be modified by the family court judge depending on other factors such as educational expenses, the outcome of the equitable distribution of property, extraordinary medical expenses, other support obligations, alimony paid, or personal agreement between the parents.
The attorneys at Bauer Law Firm offer expert assistance in all child custody and support cases. Please contact our office at (843) 842-5297 for additional information.
