Both parents have the right to custody of their child, and that’s typically the preference of the courts. The idea is a simple one: each child and parent has the right to develop their relationship. Barring any serious issues like abuse or neglect, child custody is a right both parents have. Determining what that manifests as is another issue altogether. This process often requires the experience and knowledge of a skilled lawyer.
Searching for a custody lawyer in Charleston, South Carolina, often stems from a deep need for guidance during one of life’s most trying chapters. A knowledgeable attorney is not just a legal adviser but also a pillar of support. As you’re poised to make critical decisions for your child’s future, this article aims to illuminate the path ahead without predetermining the steps you’ll take.
At Sarji Law Firm, a child custody attorney in South Carolina, will thoroughly review your case, listen to your concerns and preferences, and outline the right course of action for you. We know you have your child’s best interests at heart. To that end, we will make every effort to attain the child custody arrangement ideal for you and your child. Contact us online or at 843-722-5354 to schedule a consultation with a SC family law attorney.
When two parents are no longer together, one of the most important matters to be decided is who will have custody of their child. In most states, there are two different types of custody that the court must consider: legal custody and physical custody.
But in South Carolina, child custody comes in four different options:
Each of these arrangements carries its own implications for the child’s upbringing and the parents’ involvement.
Different types of custody arrangements can be ordered by South Carolina courts:
Joint custody is the most commonly ordered type of custody in South Carolina, while split custody is the least favored.
Legal custody is not related to whom the child lives with. Instead, the parent with legal custody has the legal right to make important life decisions for the child. Legal custody pertains to the authority to make significant decisions concerning the child’s:
It is usually not legally required that a parent with sole custody consult with the other parent before making this decision. It is possible in South Carolina for the parents to have joint legal custody. With joint custody arrangements, there is usually one parent named the primary parent, who will have the duty to consult with the secondary parent on major decisions related to the child’s education, healthcare, religion, and extracurricular activities. If the primary parent and secondary parent cannot agree, the primary parent has the right to make the final decision.
In certain cases, parents may adopt parallel parenting arrangements, where they have designated areas of decision-making authority. For instance, one parent might handle medical decisions while the other could be responsible for educational matters. This approach can help reduce conflict and ensure all important aspects of the child’s life are adequately addressed.
Where the child will live is determined by physical custody. Usually, the child will reside primarily with a parent who has sole custody, but hypothetically, a person could have sole legal custody and still have a true 50/50 visitation arrangement. This agreement decides which parent the child lives with primarily and the visitation schedule for the other parent. The residency arrangement can be sole, joint, shared, or split, depending on the specific details of the custody agreement. Parents with joint custody will also have a plan set in place that determines who has the child and when.
The type of physical custody agreed upon significantly impacts the child’s day-to-day living arrangements. It can also influence the amount and type of child support owed by the non-custodial parent.
If a matter affects the child, the court will likely consider it when awarding custody.
In South Carolina, the custody arrangement typically involves:
Once child custody has been determined, even when one parent has sole custody, the parties will usually enter into a parenting plan. Parents are required by South Carolina courts to provide parenting plans during custody proceedings. These plans detail the time the child will spend with each parent and identify the parent responsible for making major decisions. It can address everything from where a child lives, to the religion they will be exposed to. If a parenting plan is adopted by the Court and incorporated into a court order, it becomes enforceable by the contempt powers of the Court. You will want to submit a well-thought-out parenting plan at a temporary hearing. The most common parenting arrangement involves one parent being the primary caretaker, with the other parent having visitation rights and typically paying child support.
In deciding child custody, South Carolina courts give the highest priority to the child’s best interests. This involves a holistic assessment of the child’s needs, the parents’ capabilities, and the stability of the living environment.
When determining who to award child custody to, a court will consider what is ideal for the child. Some of the factors the court will look at are:
S.C. Code § 63-15-240
These factors are taken into consideration to ensure the interests of the child are met.
During emotionally charged times like separation or divorce in Charleston County, maneuvering through the intricacies of a child custody case can be challenging. This is where child custody attorneys can step in to provide much-needed support and experience in Mount Pleasant.
From drafting parenting agreements to guiding you through court hearings in situations involving divorce, separation, or abuse allegations, a Charleston child custody lawyer offers a wealth of advice. They aid in the negotiation of custody arrangements, anticipate how facts are perceived by a judge, and work tirelessly to secure favorable outcomes for their Charleston clients. But their role goes beyond legal experience. These child custody lawyers in Charleston, SC also offer compassion and support to clients throughout emotionally charged custody battles.
Selecting the appropriate family law attorney plays a vital role in your journey. You’ll want someone with a strong background in family law and experience handling similar custody cases to yours, which demonstrates experience and skill in the specific area needed for your representation.
Consider the following when choosing a custody lawyer:
Lastly, when choosing a custody lawyer, consider the following factors:
These factors can guide your decision-making process.
Cases of contested custody can present particular difficulties. When parents are unable to reach an agreement, South Carolina courts often appoint a guardian ad litem. This individual advocates for the child by conducting interviews and gathering evidence.
This independent investigation can provide valuable insights into the child’s situation and help the court make an informed decision. The guardian ad litem offers an unbiased viewpoint, focusing solely on the child’s welfare and needs, which can be crucial in intricate custody disputes.
Co-parenting necessitates a joint effort from both parents to raise their child after separation or divorce, prioritizing the child’s welfare over parental disagreements. It requires a commitment from both parents to put their differences aside and work together for the sake of their child.
Successful co-parenting is characterized by open communication, compromise, consistency, organization, and considering the child’s input in decision-making. Parents are strongly advised against using children as intermediaries for communication or to gather information about the other parent to prevent distress and miscommunication.
For effective co-parenting, parents should:
When child custody is under dispute in Charleston, SC, mediation proceedings facilitated by an impartial third party are typically required for both parties. This offers a less adversarial approach to resolving custody disputes, allowing parties to establish their own solutions with the guidance of a mediator. South Carolina law mandates mediation for at least three hours in contested custody cases.
The confidentiality of mediation ensures privacy for families in child custody cases, and the process is typically more cost-effective than court litigation due to reduced legal expenses. This can make mediation an attractive alternative for parents looking to resolve their disputes more peacefully and cost-effectively.
Child custody cases can be difficult, emotionally draining, and legally challenging. Understanding South Carolina’s child custody laws, the role of a Charleston custody lawyer, and the factors that influence custody decisions can provide clarity in this difficult journey.
Remember, the welfare of the child is the paramount concern in any custody case, and effective co-parenting and communication strategies can ensure a smoother transition for your child. Whether you’re in the middle of a custody case, trying to find the right custody lawyer, or exploring alternative dispute resolution options, you’re not alone. Let us be your guide in this journey towards securing a positive future for your child.
Our team of dedicated family law attorneys at Sarji Law Firm, including experienced SC lawyers, is committed to championing your cause and safeguarding your child. With decades of experience in family law, we understand the subtleties of South Carolina’s child custody laws and are ready to fight for you.
If you are facing a child custody issue, make certain your rights are protected by hiring a family law lawyer with experience in child custody disagreements. Contact Sarji Law Firm proudly servicing Charleston, Berkeley, and Dorchester counties today by calling us directly at 843-722-5354.
Child custody in South Carolina is determined based on “the best interests of the child,” taking into account various factors such as physical, psychological, educational, and emotional aspects of the child’s life. This helps the courts make decisions that prioritize the well-being of the child.
In South Carolina, a child can start to voice their preference of parent to live with at the age of 12, but the court will consider other factors such as the child’s maturity and experience in making this decision.
In South Carolina, the different types of child custody include sole custody, joint custody, shared custody, and split custody. Choose the most suitable option for your situation.
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