Types of Custody
The best interests of the children determine which type of custody is chosen
In South Carolina, decisions on which divorcing parent gains custody of the children are based solely on what is best for the children. This decision is based on many factors, even including the preference of the children if they are mature enough to make an informed decision. The final determination is made by a family court judge. In many cases, both spouses can come to agreement on the type of custody—but even in these cases, the final decision must be approved by a judge.
Although the law recognizes two basic types of custody in Charleston—sole custody and joint custody—there are a number of variations that can be considered.
Sole custody
Sole custody in Charleston is generally an arrangement where one parent is awarded the right to live with the children and make legal decisions on their behalf after the divorce. This form of custody does not eliminate visitation rights of the non-custodial parent—nor does it remove any requirements for the non-custodial parent to pay child support. There are many reasons why one parent can gain sole custody of the children, including the following:
- Both parents agree one parent should have sole custody
- One parent has a more flexible schedule
- The parents reside in different states
- The court has determined one parent to be unfit to have custody of the children
Joint custody
In Charleston, joint child custody can be an effective approach for both parents to co-parent their children. Joint custody can refer to both physical custody and legal custody. When parents have physical joint child custody in Charleston, the children reside with both parents part of the time. Joint custody requires that both parents share in major decisions, even if the children reside with one parent. In either case, the parents agree to a visitation schedule for whichever parent is not currently residing with the children.
Shared custody
Shared custody commonly refers to joint physical custody. Under shared custody in Charleston, the children reside with both parents for a portion of the time. The time may be split equally or unequally between both parents based on many factors, such as the work schedules of each parent, the children's own preferences, or even the school year if the parents reside in different school districts. The children may live in different residences at different times of the year. But in some cases, the children remain in the family home, and the parents move to that home during their parenting time. The flexibility of a shared custody arrangement can make it an effective approach when both parents want to be equally involved in the lives of their children.
Father custody
At one time, courts traditionally awarded custody to mothers as long as they were established to be fit parents. This was especially true when the children were very young—generally age five and under. However, times have changed and many families have two working parents. This means the court now must look at many issues to determine which parent can provide the best home for the children, particularly in cases of sole custody. If you are a Charleston father, custody is a real possibility—you now have equal footing with the mother in family court.
Temporary custody
Particularly if you are seeking a legal separation (legally referred to as an order of separation maintenance and support), one parent can be awarded temporary child custody in Charleston to cover the period of separation. But, this is not the only time when you might enter into a temporary child custody agreement—a custodial parent might experience temporary employment requirements that prevent them from caring for the children. Alternatively, temporary custody may be required in the event of illness or other circumstances. In cases covering a relatively short period of time, the non-custodial parent may agree to care for the children.
That said, when the changes are likely to exist for an extended period, or they affect the ability of the children to attend school, the situation may require that the non-custodial parent—or even a nearby relative—to obtain temporary custody in Charleston to ensure the most normal life possible for the children.
Contact The Bleecker Law Firm, LLC today to discuss your family law, divorce, mediation, child custody and related probate litigation questions. Our attorneys assist clients in Charleston and throughout South Carolina. We practice in all South Carolina family courts.
