Some of the most challenging and contentious parts of a divorce are disputes over who gets custody of the children. Both parents may feel they are best suited to be the primary custodial parent, which can often result in heated disputes. If you and your spouse cannot agree on a custody arrangement that suits both of you, the court will do it for you. In South Carolina, as in most states, courts prioritize the child’s well-being above all else.
Navigating the legal complexities of your child custody case without the assistance of a skilled child custody lawyer in Columbia could potentially lead to a negative outcome. Having a child custody attorney by your side to help advocate for your rights as a parent and your child’s rights can give you peace of mind that what’s best for your child comes first. At Melone Hatley, P.C., an experienced Columbia family lawyer can provide the legal knowledge and support you need to navigate a child custody dispute and achieve the best outcome possible for you and your child.
Types of Child Custody in Columbia, South Carolina
South Carolina provides for two types of custody. Both can be awarded to one parent (sole custody) or shared between them (joint custody).
Physical Custody
Physical custody refers to where the child will primarily live and which parent will be responsible for their day-to-day care.
In the case of sole custody, even if the child lives with one parent, the other will usually have visitation rights. In joint physical custody, the child will spend time living with both parents. The exact arrangement can vary depending on each couple’s unique situation.
Legal Custody
Legal custody is a parent’s right to make major decisions regarding their child’s life, such as their education, medical care, or religious upbringing. Similar to physical custody, legal custody can also be awarded to one parent or shared between both parents.
In most cases, South Carolina courts prefer joint legal custody to ensure both parents have an equal say about important decisions affecting their child. A child custody lawyer in Columbia can support you by equipping you with what you need to know to make informed decisions.
What Factors are Considered by South Carolina Courts When Making Child Custody Decisions?
If parents cannot come to a mutually agreeable custody arrangement, the court will make child custody decisions based on the child’s best interest standard. You should plan carefully for your child custody case with preparation to ensure your rights as a parent are protected. When making these decisions, the court will consider a wide range of factors, including:
- The child’s relationship with each parent: The court will evaluate the child’s emotional bond with both parents. While the court recognizes that the child may have a closer bond with their primary caregiver, it will also consider the non-primary caregiver to ensure a strong and meaningful relationship with both.
- Parental involvement: The court will also assess each parent’s involvement in the child’s life, including taking the child to doctor appointments, attending school functions, and participating in the child’s extracurricular activities.
- The stability of both parents’ home environments: The court recognizes that stability is crucial for children after divorce and will consider the physical, emotional, and financial stability of both households when making child custody decisions.
- Each parent’s ability to co–parent cooperatively: The court favors parents who can work together for the benefit of their child and encourage a positive relationship with the other parent.
- How adjusted the child is to their current environment: The court will often try to avoid disruptions in the child’s life regarding their schooling, family, and community.
- Parental “fitness:” The court may be tasked with determining parental fitness if there have been issues with or a history of substance abuse, mental health challenges, or domestic violence. South Carolina courts take these issues seriously and will take appropriate measures to protect a child, if necessary. Particularly when there is a history of domestic violence, it can significantly impact that parent’s child custody rights.
- The child’s preference: When the child is older and more mature, the court may consider the child’s preference. However, a child’s wishes will not be the sole factor in a child custody decision.
A child custody attorney in Columbia can help explain these factors in more detail to help you understand what the court may consider to be in the child’s best interest.
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Child Custody and Visitation in Columbia, South Carolina
The family law courts in South Carolina believe that it is in the best interests of the child to maintain a relationship with both parents. Consequently, courts prefer to award joint custody or some form of shared custody.
However, there are some situations where the court may award sole custody to one parent, typically if one parent has been deemed “unfit” or cannot provide a safe and nurturing environment for their child. Whether you’re the parent deemed to be ‘unfit’ or the parent that is concerned about the other’s fitness for joint or sole custody, a Columbia child custody lawyer with Melone Hatley P.C. will always put your child first in family court.
The court may award sole custody in cases where:
- There is a history of domestic violence that would place the child at risk of harm.
- There is a history of substance abuse that may impair one parent’s ability to care for the child.
- There is a history of neglect or abuse, including physical, emotional, or sexual abuse, or failure to provide adequate care, supervision, medical treatment, or proper education for the child.
- There is a history of mental health issues that could impair one parent’s ability to care for the child. In some cases, if the parent seeks treatment and shows improvement, the court will consider this in its decision.
- There is an unwillingness or inability to co-parent cooperatively. One parent’s refusal to facilitate the child’s positive relationship with the other parent is generally considered harmful to the child’s well-being.
- One parent has been absent and has had little or no involvement in the child’s life.
- One parent is incarcerated.
- It is logistically impossible for one parent to maintain a consistent relationship with the child.
In these situations, the non-custodial parent still typically has visitation rights. When there are concerns over a child’s safety, supervised visitation in the presence of a family member, social worker, or other third party may be ordered by the court to ensure the child’s safety. A child custody lawyer in Columbia as your compassionate legal advocate can help you petition the court for a fair, practical, and safe visitation environment for your child.
What is the Child Custody Determination Process in Columbia, SC?
It is generally preferable for parents to come to mutually agreeable child custody arrangements on their own.
This can be accomplished through negotiation or mediation with the assistance of your Columbia child custody attorney or a third-party mediation professional trained to find a resolution without legally representing either party.
Coming to an agreement that benefits both parents can reduce contentiousness and stress and make the transition as smooth as possible. However, when parents cannot reach a child custody agreement on their own, the court must make that determination. Disagreements over child custody can be stressful and overwhelming for your family. If you are battling with the other parent for child custody and cannot agree to arrangement terms, you should contact a Columbia child custody attorney to help with your petition.
Filing for Custody
In a custody matter, one parent generally initiates the process by filing a petition with the court. This is usually done as part of a divorce, but it can also be done when the parents of the child are unmarried.
If both parents agree on custody arrangements, they will prepare and file a joint parenting plan that will require court approval.
Temporary Custody Orders
When a divorce case is pending, the court may be asked to issue a temporary court order establishing where a child will live and how parenting time will be divided until the final court decision is made.
Mediation
In some custody disputes, the court will order parents to attend mediation to attempt an agreement outside of litigation. Mediation involves a neutral third party who attempts to guide both parents toward a parenting plan that will best serve their needs and the interests of their child.
Guardian Ad Litem
In very contentious cases, the court may appoint a guardian ad litem (GAL) to represent the child’s best interest. The GAL will conduct an investigation, interview both parents, and then make a custody recommendation to the court.
Trial
When parents cannot reach a custody agreement and other measures fail, the case will proceed to court. There, both parents will present evidence and testimony, and the court will issue a final custody order based on its decisions.
What Happens if One Parent Fears for the Safety of Their Child?
When a parent fears for their child’s safety during and after divorce due to concerns about abuse, neglect, domestic violence, or other dangerous situations, South Carolina family courts have a legal obligation to take these concerns seriously and ensure the safety of the child. You do not have to live in a state of constant fear and anxiety over your child’s safety when visiting or sharing custody as parents. If you believe your child’s safety is at risk with the other parent, contact a child custody attorney in Columbia at Melone Hatley P.C. as soon as possible for help.
The court’s options can include:
- Emergency temporary custody orders: When one parent fears the child is in immediate danger, they can request emergency temporary custody from the court. To do this, the parent must file a motion with the court and provide evidence that the child’s safety is at risk. If there is a legitimate risk to the child’s safety, the court can issue an emergency order granting temporary custody to the parent who filed. Custody will remain in effect until a full custody hearing can take place.
- Restraining orders or Orders of Protection: In a situation involving domestic violence, a parent can request an Order of Protection prohibiting the parent from visiting or communicating with the child or having access to the home. If visitation is still allowed, supervised visitation may be required.
- Supervised visitation: When there are allegations of domestic violence, abuse, or neglect, or when one parent has a history of substance abuse or mental health issues, the court may order supervised visitation in a neutral setting.
It is important to note, however, that if one parent falsely accuses the other of harming or endangering their child, particularly if the accusation was made with malicious intent, this can have serious consequences for the accusing parent.
How does Child Custody Work in Columbia, SC, if Parents Are Not Married?
When married parents divorce, both have an equal right to seek custody. However, this is not the case with unmarried parents in South Carolina.
South Carolina law grants sole custody to the natural mother when the parents are not married. The father can petition for custody only after their paternity is voluntarily acknowledged or determined by the court. If you need help with having your child’s paternity established in your child custody case, a Columbia child custody lawyer can give you legal advice on how to start the process.
Paternity can be established:
- At birth with the signature of both parents: Paternity can be established by a Paternity Acknowledgment Affidavit signed by both parents at the child’s birth. A signed birth certificate without a signed Paternity Acknowledgment Affidavit will not suffice for legal paternity purposes.
- After birth with the signature of both parents: Paternity can also be established after the child’s birth by a Paternity Acknowledgment Affidavit signed by both parents. This must be filed with either the South Carolina Department of Health and Environmental Control or the health department in the county where the child was born.
- Without the mother’s signature: Paternity can be established independently by the father without the mother’s signature by completing a Non-Custodial Parent Application for Child Support Services. The South Carolina Department of Social Services will conduct a DNA test to establish biological paternity.
- Without the father’s signature: Paternity can also be established by the mother without the father’s signature by completing a Custodial Parent Application for Child Support Services requesting genetic testing when the father doesn’t want to establish paternity.
Once paternity is established voluntarily or through a paternity test, the father can then petition the court for custody or visitation rights. From that point, the process is similar to that of divorcing parents, with the court prioritizing the best interests of the child in their decisions.
Getting the Skilled Legal Representation of a Child Custody Lawyer in Columbia
Most parents want what is best for their children. However, during a contentious divorce, parents don’t always agree on what that is.
South Carolina law aims to provide fairness, stability, and what is in the best interests of the child when making decisions in a custody dispute.
Whether you and your spouse are close to agreeing on a custody arrangement with the exception of a few details or you are nowhere near agreeing and litigation seems inevitable, the experienced Columbia child custody lawyers at Melone Hatley, P.C. can ensure your parental rights and the well-being of your child are protected.
We pride ourselves on our compassionate yet assertive approach to custody disputes. To schedule a free consultation, call or use our online contact form.
