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Divorce, Family Law and Criminal Law

Child Custody Attorney

Child holding parent's fingers outdoors as an illustration of child custody law in south carolina

Child Custody disputes are never easy on families. The emotions involved when it comes to your children can make any disagreements over custody very stressful. Rock Hill Family Law Attorney Nathan Sheldon will work hard to achieve the custody results you want. He’ll use his experience as a child custody lawyer to help you make good decisions during a very difficult time.

Child custody is initially decided as part of a divorce, but may be modified after the divorce has been finalized.

For help with a child custody case, please call us at 803-504-3411 to schedule a consultation.

Child Custody Laws in South Carolina

Judges must decide child custody disputes based on the best interests of the child. The court may require evidence from each parent about their living situation and ability to provide a safe environment for the child. Family court judges consider numerous factors in determining the best interest of the child. These factors include behavior of each parent and ability to provide a good living environment.

South Carolina law treats men and women equally in custody cases. In 2012, a law passed mandating that family court judges consider joint custody if one of the parents requests it. In joint custody arrangements, both parents share responsibility for making major decisions in the child’s life. These can include decisions like what school they should attend, what medical care they need and what religious training they should have.

Custody Modification

In South Carolina, child custody rulings are never final, as long as the child is under the age of 18. Significant changes in the living environment of either parent could result in a change in child custody. Family court judges can modify some parts of a custody agreement. Changes could include adjustments to visitation or even switching which parent is the custodial parent.

A parent requesting a modification from the family court judge must show why the change is needed. Because it is not in the best interest of the child for custody arrangements to change frequently, the reason for the change will have to be significant. An example of a significant change might be that one parent has moved a long distance away. There are many other reasons a court might consider a change in custody, but each family circumstance is different and should be discussed with an attorney familiar with custody cases.

Changes in custody can also trigger changes in child support.

Visitation Rights

Custody is not the only way you can see your children. Parents have visitation rights unless the court rules otherwise. Disagreement over the time, place or length of visits can cause conflicts that may need to be resolved in court. If you are experiencing a conflict over visitation and need legal advice, please contact us to schedule a consultation.