We Can Help You Understand South Carolina Child Custody Laws.
In any divorce some of the primary concerns are children in the family, and how South Carolina child custody laws will be applied. Child custody includes visitation rights and schedules, and it affects the amount of child support that is needed. Dell Family Law is aware of the issues in divorce that affect children, and can help you arrive at a child custody and support plan that is best for them when transitioning to life after divorce.
It is best if the parents can work out a parenting plan and custody schedule on their own, but if that is not possible, then the Court will decide for them. The Court will make a plan based on the “best interests of the child” as the controlling consideration. South Carolina child custody laws do not necessarily favor joint custody as best for the child, and will not favor the mother over the father for primary custody. Some factors affecting sole custody will include the medical, educational and emotional needs of the child as well as the home environment.
A related aspect of child custody is the visitation rights of the non-custodial parent. A standard visitation order would allow the non-custodial parent access every other weekend, some holidays and additional time during the summer. However, parents can work out an alternative visitation schedule if they can agree, and if it is best for their children.
Child support is the responsibility of both parents, but usually, the non-custodial parent makes payments of support to the other parent. The amount will depend on the income of both parents, the number of children, and some expenses that are being paid by each parent. The amount of time that each parent has custody may affect the amount. Like many divorce issues, parents can determine the support levels themselves, but the Court must find that the agreement is fair to both parties and serves the best interest of the children.
The issues surrounding children in a divorce are sensitive and complex. Procedural requirements, like mandatory mediation, are often confusing. Sound legal advice is required to create a parenting and support plan that is beneficial and fair. Dell Family Law understands how the South Carolina child custody laws are likely to affect a Family Court’s decision, and can help you avoid needless conflict and litigation by reaching an agreement with your spouse that is best for your child. Please contact us to discuss all of the details about child custody, visitation, and support in your divorce.