South Carolina Child Custody
Title 20 in the South Carolina Code of Laws contains the rules that guide domestic relations. This is the section that contains the information about child custody laws.
Section 20-3-160 of the law concerns the care and maintenance of the child. This is essential to know for a South Carolina parenting plan, because the plan is how the parents plan to maintain care for the child when they are not together. This code gives authority to the court to make decisions about the care, custody, and maintenance of the children after the parents separate. The court can make these decisions at any time after the separation, and they can also revise a previous order. The law states that the court must make these decisions in the best spiritual and other interests of the child. Therefore, a South Carolina custody schedule must clearly demonstrate that it benefits the child’s welfare.
Along with this, the code specifies the process of getting a South Carolina custody agreement accepted by the court. If the parents agree, the court will accept the agreement that is submitted jointly. If the parents are unable to agree, they must both present a case to the judge and the judge will determine the plan. Once the agreement is accepted, it becomes the custody order and it is legally binding.
One last thing to consider is Section 20-7. This law has been repealed, but it still contains valuable advice that parents should know. The state used to take very seriously the wishes of the child when deciding custody matters. The weight given to the child’s preference depends on the child’s maturity and reasonableness. Parents should think about if their child has a strong opinion about the custody and visitation schedule. Of course, the child shouldn’t determine everything in the schedule, but the opinions can be considered and the parents can include the child as much as possible in the proceeding. So, a South Carolina visitation schedule should reflect (if reasonable) the preferences of the children.
