A Child’s Interest: Prioritization in SC Custody

When it comes to South Carolina custody law, the child’s interest in the agreement is a priority amongst the parents opinions. Inevitably, divorces implicates the children of the union. Often, child custody causes emotional tension and disagreements between parents, children, and even grandparents. Understandably, many spouses believe that they have a right to the child’s full custody. However, that is not the case in South Carolina. Courts create custody arrangements for the children. Children, like adults, have a say in where they live, and who takes care of what.

A Child’s Interest: A Priority In SC Custody Agreements

There are various forms of custody that a judge may order for the child. Joint custody, or shared custody, allows the parents to essentially split custody of the child. In contrast, primary custody gives one parent full custody rights, while the other parent is allowed the right to visit during scheduled times.

Finally, the court considers the child’s wishes. If a child is appropriately mature, as determined by the court, then they have a say in which parent receives what portion of custody. However, the court does not just follow what the child says. Rather, their opinion is taken into consideration with all other facts surrounding the divorce. A judge is still left to determine the best, and safest route for the child.

A Judge Has to Make The Difficult Decisions

Sometimes, the nature of child custody in a divorce leads to no solutions. The two spouses may not see eye-to-eye, and both are insistent on having it their way. If the parents cannot workout a custody agreement together, the court steps in to make an overruling decision for them. A judge takes everything into consideration. The parents income, negative parenting history, the child’s age, and preference are among some of the main deciding factors. One singular factor is usually not enough to make a decision. Rather, the judge weighs all factors together and comes up with a solution fair for all parties within the best interest of the child.

Child Custody is Never Black and White

These decisions are tough ones to make. They are difficult on the child, the parents, and on the judge who ultimately decides the fate of the child’s living conditions. A child’s interest, even if it is not part of the court proceedings, is an important thing for the parents to understand. There is no easy way to handle custody, but as long as you make the best decision for the child— you’re doing just fine. We wish you luck.