South Carolina Child Custody, Support, and Visitation Attorneys

Custody will be awarded in the best interests of the children

In South Carolina, both parents have equal rights regarding an award of custody of their children.  The Family Court will make child custody decisions based upon the best interests of the child.  To determine what the best interests of the child are, the Family Court will consider many factors including the following:

  • Circumstances of the spouses
  • Nature of the case
  • Welfare of the child
  • Best spiritual and other interests of the child
  • Child's preference for custody based upon child's age, experience, maturity, judgment, and ability to express preference

Once a custody order is signed by a judge and filed with the court clerk, both parents are bound by it.  If there is a major change in circumstances, custody may be changed.

Visitation

In South Carolina, visitation rights may be agreed upon by the parents.  If parents cannot come to an agreement, the Family Court will set visitation rights.  Once visitation is set, if a parent is denied court-ordered access to a child, the parent may bring the issue back before the court.  When it is in the best interest of the child, a judge may decide to modify the visitation order, and the judge can also order makeup visitation for the time missed.

Child Support

Both parents have joint responsibility for child support.  Generally, the non-custodial parent will be ordered to contribute to the support of a minor child.  The South Carolina Child Support Guidelines delineate the amount of child support that is presumed correct. However, there are factors that may alter the amount of support.  Some factors that allow for deviation from the state guidelines include the following:

  • Educational expenses for child or spouse
  • Equitable distribution of property
    Alimony
  • Consumer debts
  • More than six children
  • Unreimbursed extraordinary medical or dental expenses of either parent or any child
  • Mandatory retirement deductions of either parent
  • Support obligations for other dependents
  • Significant available income of child
    Substantial disparity of income
  • Any agreement between the spouses

It is important to note that a South Carolina child support order can be modified if there is a substantial change in circumstances.

Contact The Bleecker Law Firm, LLC today to discuss your South Carolina family law, divorce, mediation, and related probate litigation questions. We practice in all South Carolina family courts.