How is custody determined in SC?
How is custody determined in SC?
S.C. South Carolina law requires the family court to determine the best interests of the child in setting child custody. Although there is no rule of law requiring custody be awarded to the primary caretaker, there is an assumption that custody will be awarded to the primary caretaker.
What does primary custody mean in SC?
It means that a court will award what is called primary physical custody to one parent and visitation to the other parent. Basically this means that the child lives primarily with one parent and has one home, but has a set visitation schedule with the other parent and visits that parent at their home.
Do fathers have rights in South Carolina?
When a child is born out-of-wedlock in South Carolina, the biological father has no legal rights or connection to the child until he establishes legal paternity. Legal visitation rights cannot be established without first establishing legal paternity.
What is the most common child custody arrangement?
The most common arrangement is one in which one parent has sole physical custody, both parents have legal custody, and the noncustodial parent is granted visitation time.
What do judges look at when deciding custody?
Judges must decide custody based on “the best interests of the child.” The “best interests of the child” law requires courts to focus on the child’s needs and not the parent’s needs. The law requires courts to give custody to the parent who can meet the child’s needs best .
How a father can win a custody battle?
1. Try to Negotiate – Before going to court for a lengthy and expensive custody battle, fathers will want to consider sitting down with the mother of the child and trying to negotiate a parenting agreement or parenting plan (also known as a custody judgment in some states).
Do dads ever win custody?
Therefore, it is possible for a father to get full custody of a child. All court decisions regarding child custody are made using the best interest of the child standard. This means that whenever possible, a court will try to have the child remain in contact with both parents though the custody agreement.
