What Rules Determine Child Custody in South Carolina?

At custody hearings in South Carolina, a guardian is appointed to represent the child during the early stages.

Charleston, SC – Child custody is often determined by a number of factors that analyze the character of both parents and their practical ability to safely raise a child. South Carolina uses the same standard as most other states. This is called the best interest of the child, and these rules essentially allow the judge to make important decisions about what environment is best for the child to grow up in and which parent is best able to meet those needs. However, there are some nuances of custody in South Carolina that differentiate the application of these rules from other states.

The main caretaker

The state follows a rule where custody is awarded to the primary guardian. In many cases, the primary caregiver has much of the custody time, while the other parent has some visitation rights or custody of the child. The court determines who receives the title of primary carer based on a parent’s level of investment and past relationship with the child. Other factors that can be used to find the primary caregiver include the parent’s morale, investment in the child’s education, and their physical and mental fitness to be an effective parent.

Guardians ad litum

At custody hearings in South Carolina, a guardian is appointed to represent the child during the early stages. This is a neutral party that can objectively examine the child’s life situation, the parents’ character and all other relevant information to find the best interests of the child. The guardian makes a recommendation as to which parent should become primary custodian.

protection of minor children

Photo by Annie Spratt on Unsplash

Courts also want to protect children from violence and various other forms of neglect and abuse. If one or both parents have problems with domestic violence, crime, or acts that harm children, they may find it difficult to obtain custody. Unfortunately, finding out bad things about each parent can become an important and time-consuming part of a custody hearing, since portraying the other parent negatively can be an effective way to gain custody.

Parental Restrictions

It is also possible that a parent who has been granted custody may be restricted or prohibited from certain behaviors. This usually refers to smoking and the use of drugs or alcohol, but judges can include any type of behavior they deem harmful in these orders.

More information from a custody attorney in South Carolina

USAttorneys.com is a website that helps people find attorneys in their city. Anyone needing child custody assistance in Charleston can select their location and a relevant area of ​​practice to meet with a local attorney.

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