Child Custody Attorneys in Columbia, SC

Child custody cases are some of the hardest, and most important, disputes our legal system handles. Custody decisions shape the course of children’s and their parents’ lives. When you’re dealing with questions of custody, it’s absolutely critical that you have a skilled lawyer on your side to give you the advice you need, and to help you understand the process.

The custody cases we handle

Attorneys Nick Mermiges and Jaime McSweeney handle all kinds of custody cases, including:

• Custody arising from divorce or separation
• Custody modifications
• One parent moving out of state
• Interstate custody disputes
• Military custody and deployment issues
• Grandparent custody and de facto custodian cases
• Emergency and expedited custody actions
• Parental alienation cases

How custody is decided in South Carolina

South Carolina courts separate custody into two questions. Legal custody is decision-making authority over the major issues in a child’s life — education, medical care, religious upbringing. Physical custody is where the child actually lives day to day. Joint legal custody, which requires the parents to consult each other on major decisions, is common — but one parent is usually designated “primary” and has the final say when the parents cannot agree.

Every contested custody decision comes down to the best interests of the child. Parents can agree to any schedule they believe serves their children, including a true 50/50 rotation; in contested trials, however, South Carolina courts generally award one parent primary placement with a visitation schedule for the other unless circumstances are particularly compelling. Courts can also impose targeted restrictions where the facts warrant them — alcohol restrictions during parenting time (with monitoring technology to enforce them), drug testing, paramour provisions, and limits on corporal punishment. The custody FAQ covers these restrictions in detail.

Temporary hearings and Guardians ad Litem

In a contested case, the court makes a temporary custody ruling early — at a short hearing decided on written affidavits rather than live testimony. The temporary order sets a visitation schedule, puts parenting restrictions in place, and appoints a Guardian ad Litem: a lawyer who represents the best interests of the children, investigates the family, interviews parents and children, and reports to the court. Temporary rulings are formally “without prejudice,” but initial rulings on custody and parenting time can have very long-lasting effects, which is why the beginning of a custody case matters so much. If the situation is urgent, an emergency or expedited action may be available.

Relocation and out-of-state moves

A parent who wants to relocate with the children out of state needs the other parent’s agreement or the court’s approval. There is no presumption against relocation in South Carolina; the controlling considerations are the child’s welfare and best interests — the motive for the move, the quality of the child’s relationship with each parent, and whether a realistic substitute schedule can maintain the other parent’s relationship. We have helped parents whose children were taken out of state regain custody, and we have represented parents who needed to move.

Enforcement and modification

A custody order is not the end of the story. If the other parent violates the order, a contempt action can enforce it — see our article on enforcing family court orders through contempt. And when circumstances substantially change, custody and support can be modified.

Our experience

Attorneys Nick Mermiges and Jaime McSweeney have handled custody cases throughout the State of South Carolina. They have handled numerous contested custody hearings and have been able to help grandparents, military parents, and parents whose children have been taken out of state to regain custody of their children. Nick and Jaime have also handled expedited and emergency actions, and have helped numerous clients on very short notice.

The custody process can be bitter, painful, and expensive. There’s no getting around that truth. But many parents and grandparents feel the need to do everything they can to fight for their children. If you’re serious about keeping custody, regaining custody, or seeking a change in custody, the attorneys at the Law Office of Nick Mermiges can give you the skilled representation you need. For a consultation, call (803) 587-0472 or email Nick@NDMLaw.com.

For more information on custody matters, see our frequently asked questions or our white paper on grandparent custody rights in South Carolina.