Child Custody in South Carolina

The structure of a South Carolina custody order

Under S.C. Code 63-15-240(A), a South Carolina custody order can take several forms. The court can approve a parenting plan, or award sole custody to one parent with appropriate parenting time for the noncustodial parent. It can also award joint custody, which must specify the residential arrangement with each parent, based on each child's needs. The order must describe how the parents will consult and communicate, both in general and on major decisions. Those decisions include health, medical and dental care, education, extracurricular activities, and religious training. Or the court can order another arrangement that serves the child's best interest. This structure gives South Carolina Family Court judges flexibility to tailor an order to a specific family, rather than choosing between two fixed labels.

The best-interest factors under 63-15-240(B)

S.C. Code 63-15-240(B) lists an extensive set of best-interest factors that a Family Court must consider. These include the child's temperament and developmental needs, and each parent's capacity to understand and meet those needs. The court weighs the preferences of each child and each parent's wishes as to custody. It also looks at the child's relationships with each parent, siblings, and others who may significantly affect the child's best interest, including grandparents. Another factor is each parent's effort to encourage the child's ongoing relationship with the other parent, including compliance with court orders. The court considers any manipulation or coercive behavior involving the child, and any disparagement of one parent by the other in front of the child.

The list continues with each parent's ability to be actively involved in the child's life, and the child's adjustment to home, school, and community. It covers the stability of existing and proposed residences, and the mental and physical health of everyone involved. A disability alone is not determinative, unless the proposed arrangement is not in the child's best interest. The court also weighs the child's cultural and spiritual background, and whether the child or a sibling has been abused or neglected. It considers whether a parent has committed domestic violence or child abuse, and the effect on the child. It looks at whether a parent has relocated more than 100 miles from the child's primary residence in the past year, absent a safety reason. Finally, the court may weigh any other factor it considers necessary.

Communication between the child and parents

S.C. Code 63-15-250 addresses telephonic and electronic communication between a minor child and each parent. When a court orders sole custody to one parent, that parent is generally expected to facilitate reasonable telephonic and electronic contact between the child and the noncustodial parent. The exceptions are cases involving abuse, neglect, or abandonment. This reflects South Carolina's broader statutory emphasis on encouraging both parents' ongoing involvement in the child's life, whenever it is safe to do so.

Where to file and getting help

South Carolina custody matters are filed in Family Court. This court handles divorce, custody, child support, and related domestic matters throughout the state's judicial circuits. The South Carolina Judicial Branch publishes self-help resources for the general public, including information relevant to Family Court cases. A parent representing themselves should confirm current forms with the Family Court clerk in the county handling the case. They should also check any local scheduling or mediation requirements with that clerk.

Modifying a custody order later

S.C. Code 63-15-240 applies the same best-interest framework to a modification of an existing custody order as it does to an original custody determination. This means a South Carolina court weighs the statutory factors based on the family's current circumstances. It does this when a parent asks to change custody or parenting time. As in most states, South Carolina courts generally also expect a parent seeking modification to show that circumstances have changed since the existing order. The court evaluates that change together with the detailed best-interest factors in the statute.