Child Custody

Custody actions may be filed on their own or as part of a divorce or separate-maintenance action. The standard in every custody case is the best interests of the child. The South Carolina Bar’s public materials explain that the court considers the physical, psychological, spiritual, educational, familial, emotional, and recreational aspects of the child’s life, together with each parent’s character, fitness, and attitude as they affect the child, the child’s preference where appropriate, and any history of domestic violence.

Title 63 of the South Carolina Code, including sections 63-15-210 and 63-15-240, addresses the meaning of custody and the contents of a custody order. Section 63-15-220 requires parents in a custody proceeding to submit parenting plans that state their preferences for parenting time and for major decisions about education, medical and dental care, extracurricular activities, and religious training.

South Carolina law describes joint custody as both parents having equal rights and responsibilities for major decisions concerning the child, and sole custody as one parent having those rights and responsibilities. Those legal labels are distinct from the day-to-day residential schedule. A common arrangement is for one parent to serve as the primary caretaker, with the other parent having regular parenting time, including weekends, holidays, and school vacations. Other schedules are used when the facts support them.

A judge ordinarily will not deny a parent reasonable parenting time unless the court finds that contact would be harmful to the child’s physical, mental, moral, or emotional health.

When custody is contested, the court may appoint a guardian ad litem to investigate and to make a recommendation. The guardian typically speaks with parents, children, and others who know the family and gathers information for the court. Contested custody matters are also generally subject to mediation.

A parent’s past or possible future military deployment is not, by itself, a basis for deciding best interests, though the court may consider any significant effect that deployment has on the child.

A parent does not lose court-ordered parenting time because child support is unpaid. A parent with custody may not withhold parenting time because support is unpaid. Each obligation is enforced on its own terms. Failure to obey either kind of order may be addressed through contempt.