HOW DOES THE JUDGE DECIDE CUSTODY ISSUES

IN SOUTH CAROLINA? “There are many different factors that go into determining

which parent should have custody of a child if the two parents are not living in the same home.”

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In 2012, South Carolina amended laws related to child custody. H 4614 was

passed to establish definitions of joint and sole custody. This new law also

imposed requirements on parents to create parenting agreements and specified

criteria that judges need to consider when deciding on custody issues.

There are many different factors that go into determining which parent should

have custody of a child if the two parents are not living in the same home. The

issue of custody is one of the most important legal issues you will ever face and

you need to ensure you are represented by a skilled, dedicated and experienced

family law attorney to help you protect your rights and your relationship with your

child.

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HOW DOES A JUDGE DECIDE CUSTODY ISSUES?

Two different types of custody issues must be decided when parents have

separated and are not

raising a child together. A

decision must be made

regarding where a child

should live. Traditionally,

the parent responsible for

the care of the child was

said to have physical

custody. A decision must

also be made regarding

who makes important life

decisions for the child. This was traditionally referred to as legal custody. Both

physical and legal custody can be shared or can be awarded only to one parent.

In a best case scenario, the parents will make a decision together on both

physical custody and legal custody. Parents can negotiate on dividing custody

during a divorce or if they have never been married but have a child together that

will be raised in different households. It is best for parents to come together,

discuss what is right for their family, and compromise to create a custody

arrangement that works for their families.

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Because parents are the best authority on their own children, they may be

ordered to try to work things out on their own. As part of either a divorce or a

separate custody proceeding, parents may be required to submit to court-ordered

mediation. This involves a trained third party mediator helping them to

communicate openly to create a custody arrangement together. The parents

may also be required by the court to take a parenting course specifically created

to assist couples who are going through a divorce or separation.

The agreement

that parents are

trying to reach in

mediation or other

negotiations is

called a parenting

plan or a

parenting

agreement. This

agreement should

specify both how

physical custody is shared and who has legal custody.

If parents are able to decide what is right for them, they may submit a joint

parenting agreement to the court. The judge will generally then create a custody

order based on what the parents have decided is best.

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THE BEST INTERESTS OF THE CHILD

If parents cannot come to an agreement, then the judge will have no choice but

to decide custody issues for

them. When this occurs, the

standard in South Carolina is

the best interests of the child

standard. Essentially, the

judge must consider a variety

of different factors to decide

what will provide the child

with the best living

environment. Some of the

different things that South Carolina says a judge should consider include:

• Parenting plans created by the child’s mother and father. When parents

cannot submit a joint parenting agreement, each is required to submit their

own plan to the court with their own proposals for physical and legal custody.

• The wishes of the child, especially if the child is older.

• The temperament and the developmental needs of the child or children.

• The ability of each parent to understand the child’s needs and meet them.

• The actions each parent has taken to allow the child to continue to foster a

relationship with the other parent.

• Whether either parent has disparaged the other or tried to coerce the child in

some way during the custody proceedings.

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• The child’s adjustment to his home, academic and community environment.

• Whether each parent is able to be actively involved in the child’s life.

• The physical and mental health of all parties.

• The stability of each proposed residence for the child.

• The spiritual and cultural background of the child.

• Any abuse, neglect or domestic violence.

Whether either parent has moved 100 miles away or more.

Each parent must present arguments on the issues to the judge to help the judge

decide what is best. In most cases, some type of joint custody arrangement is

preferred so the child can continue to see both his mother and father.

The issue of custody is so important to parents because it dictates your future

relationship with your kids. You need to talk to an experienced attorney to help

you to negotiate on custody or to present evidence to the judge in your custody

case.

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About Kuhn & Kuhn Law Firm

Our firm is dedicated to providing you with quality estate planning and family law resources, so you can become familiar with all of the existing options. When you visit or call our office, we want you to feel comfortable discussing such an important issue concerning both you and your family. We want to arm you with the information you need to make an informed decision about your family’s future.

If you have a well-drafted estate plan in place, you’ll ensure that your estate passes to whom you want, when you want, and is carried out in the manner you’ve chosen. You can rest assured that your family will not have to endure the public process and costly matter of probate. The government will not be able to take what you’ve spent a lifetime building. But you need to be aware of the many options that exist in estate planning—and you must choose your attorney wisely.

If you or someone you love is contemplating a separation or divorce, you can count on our help in reaching a cost-effective and fair resolution. Our team of legal professionals is experienced in all aspects of South Carolina divorce law. Whether your divorce is contested or uncontested, involves a prenuptial agreement, needs child custody or child support terms to be negotiated, or involves more complex issues, a family law attorney at our firm can inform you of your legal options, provide helpful guidance, and protect your rights.

Charleston Office 39 Broad Street, Suite 301 Charleston, SC 29401 Phone: (843) 577-3700

Bluffton / Hilton Head Office 10 Pinckney Colony Road, Suite 310 Bluffton, SC 29909 Phone: (843) 815-8580 Website: www.kuhnandkuhn.com

Summerville Office 421 Old Trolley Road Summerville, SC 29485 Phone: (843) 577-3700