Divorce South Carolina Custody

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The South Carolina Code of Laws Section 20-7-1515 through 20-7-1530 and 20-3-160 are used to determine the best interests of the child. As per these, it is seen whether there is any proof of sexual or physical abuse. The religious faith of the child has some significance. The court attaches some importance to the preference of the child after due recognition of the age, judgment, maturity, experience and capacity to express a preference.

Queries regarding Divorce South Carolina Custody

A father resides in South Carolina along with the child. Can he begin a custody action in this state, irrespective of where the mother resides?

The precise location for filing a custody case is a jurisdictional issue. The UCCJEA (Uniform Child Custody Jurisdiction and Enforcement act) is the law that decides which state has the authority to decide custody. When the parents reside in different states, the UCCJEA directs that the state, in which the child has lived for 6 months prior to the start of the custody action, is the correct choice for filing a custody case.

When the child completes 13 years of age, can he/she choose the custody arrangements?

As per law, the minor child does not have an absolute say regarding which parent he/she desires to live with at any age. It has been observed that as the child grows up, he/she develops a liking for staying with a particular parent. Now, this parent can file for custody. The court appoints a GAL (Guardian ad Litem). This GAL listens to the preferences of the child and the reasons for the same. Further, the GAL conveys the preferences of the child to the family court judge.

The custodial parent can refuse visitation to the non custodial parent, in case the latter does not disburse child support

This is the most trouble causing legal urban myth. When the non custodial parent does not disburse child support, he/she is in contempt of court. As a reaction, if the custodial parent denies visitation, this parent is also in contempt of court. The judge may put both parents in prison. So, the custodial parent should not react by refusing visitation. Instead, this parent must file a Rule to Show Cause against the non custodial parent.

Overview of Divorce South Carolina Custody

In this state, both parents have equal rights with respect to the award of custody. The court takes into account the below mentioned factors to establish the best interests of the child.

  • Welfare of the child
  • Spiritual and other interests of the child
  • Religious faith of child and his/her parents
  • Nature of the case
  • Conditions of the parents
  • Child's preference regarding the custody plan on the basis of the judgment, maturity, experience, age and capacity to express a preference
The judge signs the custody order and then, it is filed with the court clerk. Now, both the parents are legally bound to observe it. In case there is a major change in circumstances, custody might be altered.

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