Going through a divorce can be challenging both financially and emotionally. However, it’s essential that you consider the welfare of your children during this difficult time. While you’re busy trying to divide up the lives you and your spouse once shared, you may also be concerned about who is going to get custody of your children.
By hiring an experienced South Carolina child custody attorney, you can rest assured that your assets and those of your children are protected. The Greenville, South Carolina child custody lawyers at Briggs Law Firm, will help guide you through the complex and sometimes lengthy child custody case.
What is Child Custody in South Carolina?
There are a few different child custody arrangements that are made during a divorce in South Carolina. Child custody will determine who is responsible for any decisions concerning your children, as well as how much time you’ll get to spend with your children.
It was often difficult in the past for fathers to obtain sole custody of their children because the South Carolina courts would generally award child custody to the children’s mother.
However, times have changed, and now the South Carolina courts will act in what they believe to be in the best interests of all children involved, regardless if it’s the mother or father.
The parent that’s awarded “legal custody” will be able to make all significant decisions in the child’s life. Many of these decisions may have to do with your child’s health, schooling, religion, and other essential matters. Additionally, the parent that is awarded custody is also responsible for the child’s daily lives, such as providing food, shelter, clothing, and other responsibilities.
How Child Custody is Decided in South Carolina
One of the biggest fears you will face in your divorce is who will receive custody of the children. If you and your spouse can’t agree on custody, the South Carolina judge assigned to your divorce case will decide on what’s in the best interest of your children. Many factors will go into the judge’s decision, and they may include:
- What does the child need?
- Where does the child want to live?
- Do the parents have the ability to meet the needs of the child?
- What do the parents want when it comes to child custody?
- Is there evidence of spousal or child abuse in the family?
- The quality of the homes of both parents
- The physical and mental health of the parents and the child
- Who has been the primary caregiver of the child while they were married?
The South Carolina judge may ask for more evidence from both you and your spouse before making their decision as it relates to child custody.
What is Physical Custody in South Carolina?
In South Carolina, physical custody determines how much time you and your spouse will get to spend with your children. In other words, where will your children’s primary residence be? If you and your spouse can’t agree on physical custody, the South Carolina courts will decide for you.
A Greenville judge may give your or your spouse primary custody, or the judge may decide that the children will spend equal time with you and your spouse.
In the past, the children would reside with one parent and spend weekends or other days with the parent that doesn’t have physical custody. However, in today’s society, many South Carolina parents are choosing split custody in which the child spends half its time with you, and the other half with your spouse.
What is Sole Custody in South Carolina?
Sole custody is the most common decision in most child custody cases in South Carolina courts. If you’re given sole custody of your children, you are then responsible for all significant decisions regarding your children’s lives. Your children will physically be living with you most of the time.
Sole custody in Greenville, South Carolina will also regulate how much time your spouse has for visitation with the children. If you aren’t given sole custody of your children, your time with them will be far less than that of your spouse.
The Difference Between Mediation Versus Court Judgment in South Carolina
The Greenville, South Carolina child custody attorneys at Briggs Law Firm recommends in most cases to try mediation at the beginning of your divorce. Court judgments can take a long time and, in some cases, may be expensive.
A successful mediation would mean that you and your South Carolina child custody attorney would meet outside of court and try to reach an agreement in many things, including child custody. If you and your spouse cannot agree on child custody, then the decision will be left up to the South Carolina courts.
Hiring a Greenville, South Carolina Child Custody Lawyer
The custody of your children is a massive part of your divorce case, and you may be worrying about the outcome. The Greenville child custody lawyers at Briggs Law Firm understands you don’t want to be without your children. However, they will use their experience, skill, and knowledge to guide you through the process, and their goal is to get you the desired custody agreement.