Child custody is often one of the most emotionally challenging issues for any divorcing couple with minor children. As a parent, it will be crucial to understand your rights and also how the court system makes child custody decisions. In this way, you can create a custody arrangement that is mutually beneficial to both you and your spouse but, most importantly, in your children’s best interests.
At Melone Hatley, P.C., our experienced Columbia, South Carolina custody attorneys understand child custody disputes can be painful and contentious. With our years of extensive child custody experience, we pride ourselves on our compassionate yet assertive approach to custody disputes, ensuring your parental rights are protected and your child’s best interests are prioritized.
Understanding Child Custody in Columbia, South Carolina
Like most states, South Carolina recognizes two primary types of custody: legal custody and physical custody. Legal custody refers to which parent has the legal authority to make important decisions about their children’s lives, such as their education, medical care, and other aspects of their upbringing. Physical custody refers to where their children will primarily live on a day-to-day basis. Custody may also be shared jointly or awarded to one parent, referred to as sole custody.
Joint Custody
In joint custody, either physical or legal, both parents are involved in the legal decision-making or living arrangements for the children.
Joint custody:
- Allows both parents to be actively involved in their children’s lives
- Promotes cooperative co-parenting
- Ensures continuity of care and stability for the children
However, it does require a high level of communication and cooperation between parents, which can be challenging for couples who are in the midst of ending their marriage.
Sole Custody
Sole custody, either physical or legal, awards one parent the right to make the decisions for or have the children reside with them primarily.
Generally, the court believes it is in the best interests of the child when both parents are actively engaged in their lives. Consequently, sole custody is not often awarded except in cases where a parent cannot provide a safe and nurturing environment, is considered unfit, or is unable to co-parent effectively.
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Custody and the Best Interests of the Child in a Columbia, South Carolina Divorce
Courts in South Carolina base custody decisions on the best interests of the child principle. Consequently, when the court is tasked with determining custody arrangements, it will focus on
- Examining the physical and emotional needs and welfare of the child and which environment will be most able to support those needs
- Both parents’ ability to provide for the child’s well-being
- Parents’ willingness to foster and facilitate the child’s relationship with the other parent
- Whether there has been any history of domestic violence, neglect, or substance abuse that may be a risk to the child’s safety
- Maintaining continuity in the child’s life if one parent has been the primary caregiver
- The child’s preference, depending on their age and maturity
Custody battles can be emotionally challenging, not only for the parents but especially for the children. When parents can come to cooperative custody agreements on their own, it can often be a better outcome for everyone involved.
Negotiating a custody arrangement outside the court’s involvement furthers a more cooperative atmosphere and allows co-parents to create a plan tailored to their own needs and family dynamics rather than leaving them up to the court. While court intervention may be necessary in unsafe or high-conflict situations, a collaborative custody and visitation arrangement can be a more practical solution for parents while still prioritizing their children’s welfare and well-being, satisfying the court’s priorities.
How to Navigate Child Custody Disputes in Columbia, South Carolina
If you and your spouse can create a clear and reasonable parenting plan that works for your mutual benefit, it will be less likely that you will have to endure a prolonged custody battle.
The first step will be to create a parenting plan outlining how you and your co-parent will address
- Your decision-making responsibilities and whether they will be made jointly or by one of you
- Your residential arrangements, or where your children will primarily live, and a visitation schedule for the non-custodial parent, if necessary
- How holidays and vacations will be handled
- Guidelines about how you and your co-parent will communicate about your children’s needs and schedule
If there are still disputes, however, mediation may be required by the court to offer an opportunity to resolve issues amicably, saving time, reducing conflict, and giving you more control over the final outcome.
If mediation is not successful, your case will go to court. During a custody hearing, you and your co-parent will state your desired custody outcome and present evidence to support it. This evidence can include witness testimony, documentation of your involvement in your children’s lives, or any other information that highlights that your arrangement is in the best interests of your children.
You can most successfully advocate for yourself by
- Bringing detailed documentation and records of your involvement in your children’s lives, such as schedules showing time spent with them, school and extracurricular activities you attend, or other responsibilities and decisions you have been involved in. Showing you are actively involved in your children’s lives will strengthen your case for custody or visitation.
- Being open to cooperation. The court wants to see parents who are able to co-parent cooperatively and effectively. Show that you are open to being cooperative and flexible about schedules or joint decision-making. If your co-parent is inflexible or uncooperative, document those behaviors and share them with your attorney.
- Avoiding any behaviors that could work against your case, such as speaking negatively about your co-parent or engaging in arguments or confrontations with them in front of your children, or violating any temporary orders or visitation schedules. The court looks unfavorably on any behaviors that could disrupt your children’s well-being or any attempts to alienate your co-parent.
Working with an experienced South Carolina family law attorney is critical to protecting your parental rights in a custody dispute. Your attorney understands how the law applies to your situation and will help you prepare for mediation or develop a strategy that presents your case most effectively in court.
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What if You Don’t Believe Your Spouse Should Have Custody?
Custody disputes can be challenging, with both parents typically wanting as much time as possible with their children. The court will always make decisions based on the best interests of the child, believing that children benefit most from having a relationship with both parents.
If you genuinely believe your spouse should not have custody, you do have legal options. However, you must provide compelling evidence to support your claims if you feel your spouse is unfit or a danger to your children. This evidence can include
- Any history of drug or alcohol abuse
- A history of domestic violence
- Evidence of previous neglect of your children’s needs
- Evidence of untreated mental health issues
- Evidence that your spouse’s living conditions are unsafe or unsuitable for your children.
- Witness testimony
- Medical or police records
- Other evidence of your spouse’s behavior, texts, emails, social media posts, etc.
The court may order a child custody evaluation to assess both you and your spouse’s ability to care for your children and if their health, safety, or welfare may be at risk. This will be conducted by a neutral professional who will interview you and your spouse and others in your children’s lives and report back to the court.
An evaluator will look for specific things from both parents, such as
- Setting age-appropriate limits on the children
- Sensitivity and responsiveness to the children’s needs
- Communication in a way the children understand
- History of involvement in their care
- How they resolve conflict with the other parent
- Any history of child abuse
- Any history of domestic violence
- Any history of substance abuse
- Any history of mental illness
- How each socially functions
- Attitudes toward the other parent
You and your attorney will present evidence to the court showing why you believe your spouse should not have custody. If you can prove to the court that your spouse’s environment or behavior endangers your children’s safety or well-being, the court may grant you primary or sole custody with limited or supervised visitation by your spouse. The court may also require your spouse to receive treatment or counseling before considering a custody modification.
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Experienced Child Custody Attorneys in Columbia, South Carolina
Child custody disputes during a divorce can be emotionally and physically draining. This is when you will need an ally who understands South Carolina’s custody laws and can help you prepare for and navigate the challenge. If you and your spouse can work cooperatively and focus on keeping the best interests of your children as a priority, the process can go more smoothly. Unfortunately, this is often difficult for couples navigating divorce. A Columbia, South Carolina child custody attorney can help you keep a cool head and your priorities clear when navigating custody issues.
The experienced Columbia, South Carolina child custody lawyers at Melone Hatley, P.C. are committed to supporting you with the highest quality legal services and guidance possible. If you are considering a divorce in South Carolina and have custody concerns or are navigating a custody dispute, let us help. Call us at 839-213-4545 or schedule a free consultation through our online contact form.
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