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Child Custody in South Carolina

How South Carolina family courts decide custody and visitation, what evidence matters, and what happens when a situation is urgent.

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Articles, papers, FAQs & videos

Article New Can I Get an Emergency Custody Order in South Carolina? When a child's safety is at stake, the family court can act within days, and sometimes the same day. Here is the standard for ex parte and expedited relief, and the... Article New Can I Use My Spouse's Text Messages Against Them — and Can They Use Mine? Text messages are often the most persuasive evidence in a South Carolina divorce or custody case. Whether they help you or destroy you depends on two things: how you... Article New How Do I Change Custody or Child Support After the Final Order? A final order is final — until someone proves a substantial change in circumstances. Here is what that phrase actually means, what tends to qualify, and how... White paper Grandparents' Rights to Visitation and Custody in South Carolina What happens when grandparents have raised a grandchild for months or years and a biological parent wants them back — or when a divorce suddenly cuts grandparents off... FAQ Custody & Visitation — Frequently Asked Questions Answers to the most common questions our clients ask about child custody and visitation in South Carolina — the types of custody, standard visitation schedules, and... Video Military Divorce & Custody: Common Issues in South Carolina Columbia, SC Divorce Attorney Nick Mermiges discusses the most common issues unique to military divorce and custody cases in South Carolina, including military...

Answered questions

What is the difference between legal and physical custody? Legal custody refers to decision-making authority over major issues affecting the child (education, medical care, religious upbringing). Physical custody... Custody & Visitation FAQs What is "Joint Legal Custody"? Joint legal custody requires parents to consult with each other before making major decisions about the child. However, one parent is usually designated as... Custody & Visitation FAQs What is a standard visitation schedule? Standard visitation for the non-primary parent is typically every other weekend (often Friday to Sunday or Monday) and perhaps one evening during the week,... Custody & Visitation FAQs Can we agree to 50/50 custody? Yes, you can agree to any schedule, such as week-on/week-off or a 2-2-3 rotation. However, courts in South Carolina generally do not order 50/50 schedules... Custody & Visitation FAQs Can I stop my spouse from drinking around the children? Yes. You can request a restriction prohibiting the consumption of alcohol during parenting time. S.C. Code Ann. § 63-15-240 . Custody & Visitation FAQs How can we enforce an alcohol restriction? You can require the use of monitoring technology such as Soberlink or BACtrack (breathalyzers with facial recognition) before and during parenting time.... Custody & Visitation FAQs Can I get a drug test for my spouse? Yes. You can request hair follicle or nail bed testing to detect historical drug use (going back roughly 90 days) if there are allegations of substance... Custody & Visitation FAQs Can I stop my spouse from introducing a new boyfriend/girlfriend to the kids? Standard court orders typically include a “paramour provision” prohibiting a parent from having a romantic partner overnight while the children... Custody & Visitation FAQs Can I move out of state with the children? Standard orders usually require notice (often 90 days) before moving more than a certain distance (e.g., 15 miles). Many orders also require the other... Custody & Visitation FAQs Can I request that my spouse not use corporal punishment? Yes, agreements and court orders can include a restriction on corporal punishment (spanking) during parenting time. S.C. Code Ann. § 63-15-240 . Custody & Visitation FAQs What is a Guardian ad Litem? A Guardian ad Litem is a person, usually a lawyer, appointed by the court to represent the best interests of the children. They investigate the family,... Divorce FAQs Who pays for the Guardian ad Litem? Typically, the cost (often a retainer of $750–$1,000 per party) is split 50/50 between the spouses, though the court can reallocate fees later. S.C. Code... Divorce FAQs Can I take the children out of the country? International travel with children requires a passport. If the parents cannot agree, the court can set rules for holding the passport and allowing... Divorce FAQs How does a PCS order affect custody? A Permanent Change of Station (PCS) order that requires a service member to relocate can trigger a custody modification. South Carolina courts evaluate... Military Divorce FAQs

Other topics:DivorceProperty DivisionAlimony & Child SupportMilitary FamiliesModification & EnforcementDiscovery & EvidenceFamily Court Procedure

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