John David
Whisenhunt Jr.
Barbara
Tolson-Haywood
Child Custody & Visitation in South Carolina
Call 843-662-2616 or fill out the form below to speak with a child custody lawyer.
Family Court
In South Carolina, family courts have jurisdiction over all child custody and visitation issues. When family courts decide issues of child custody and visitation, the primary concern is the best interests of the child. Family courts are courts of equity, which means they are concerned with reaching the fairest result given the unique circumstances of the particular case at hand. It also means that the court may consider almost any evidence that would help it determine the best interests of the child. Below are a few guidelines from the South Carolina Children's Code, which illustrate how the court decides child custody issues.
Tender Years Doctrine
At one point, there was a heavy preference for a mother retaining custody of a small child. South Carolina has abolished this preference, so there is no longer a presumption that a mother will retain custody solely by virtue of being the mother.
Child's Preference
The family court must consider the child's reasonable preference when making a custody or visitation determination. The weight given to the child's preference will depend upon the child's age, experience, maturity, judgment, and ability to express a preference. Generally, a court will give the greatest weight to the preference of a child 16 years old or older.
Religious Faith
The family court shall consider, whenever practicable, the religious faith of both of the parents, one of the parents, or if the religious faith of the child is different from the parents, the court may consider the religious faith of the child.
Domestic Violence
The family court must consider domestic abuse perpetrated against one parent or the child, including but not limited to physical and sexual abuse.
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Monday: 9:00 to 5:00
Tuesday: 9:00 to 5:00
Wednesday: 9:00 to 5:00
Thursday: 9:00 to 5:00
Friday: 9:00 to 5:00