The Basics of Child Custody Law
When actions for divorce are taken to break the bonds of matrimony between spouses, any minor children of the marriage must be accommodated in the custody, care, maintenance, and support orders issued by the court. In Charleston, custody laws are dictated by the state of South Carolina and are designed to honor the best interests of the children.
Understanding custody laws
Child custody laws in Charleston govern not only the process of determining which spouse will receive custody in divorce proceedings but also the terms and conditions that dictate the parental rights of each spouse after the divorce is settled. In addition to the physical custody and control of a child that is granted by obtaining custody, the responsibilities, privileges, and powers associated with child rearing are all custodial elements that are established according to child custody law. In Charleston, the legal custodian or custodians enjoy the privilege of being able to make decisions about the lifestyle of the child, particularly in the religious, educational, and medical domains.
Dealing with a custody battle
When parents engage in divorce proceedings, it is a common approach for the spouses to try to settle issues concerning the custodianship of their children through mediation and negotiated settlements. However, sometimes a mutual and cooperative agreement cannot be reached on the terms and provisions of custody, and a Charleston custody battle must be fought through the South Carolina family law court system, in order to settle the differences and establish court-ordered decisions.
In a custody battle, parents may disagree upon the terms of either legal custody or physical custody. Legal custody refers to the roles, responsibilities, privileges, and powers each parent has in making major decisions about the lifestyle of the children. While legal custody concerns decisions about education, religion, health, and extracurricular activities, physical custody concerns the issues of who the child will live with, where the child will spend his or her weekdays, weekends, and holidays, and who will pick the child up from school and other places.
Custody laws in South Carolina
Custody laws in dictate that any decisions made about child custody must be based solely on the best interests of the child. While both parents have equal rights to custody of their children, many factors are evaluated to determine the best interest of the child and, hence, which spouse will gain custody rights. The nature of the case, the circumstances of the spouses, and the welfare of the child are all factors taken into consideration for custody determinations.
Additionally, the religious faith of the parents and the child are considered, as are the spiritual needs of the child. If the age, experience, maturity, judgment, and ability of the child to express his or her own preference are deemed sufficient, then the preference of the child is an important factor in the ultimate custody decision.
Fighting for custody
To win a Charleston custody fight requires a deep understanding of child custody law in Charleston and a solid application of the provisions of the law to your particular case. If you are fighting a custody battle, reach out to the Bleecker Law Firm, LLC, to discuss your child custody questions. Our attorneys are well-versed in Charleston child custody law, and can provide you with the professional and skilled legal representation you need in your custody battle.
