Child Custody Attorneys in Spartanburg

At the Nowell Law Firm, our attorneys understand that there are few things more emotional than the topic of spending time with your child. In fact, for many parents who are divorcing, it is not the separation from their spouse that is the most challenging, but the potential separation from their child.

When you call our attorneys for legal counsel, we will help you to understand the basics of South Carolina child custody law, how to negotiate your child custody agreement, factors that a court will consider when making a custody determination, and tips for improving the outcome of your case. To get started, please give us a call today and request a consultation.

Negotiating Your South Carolina Parenting Plan and Understanding Types of Child Custody in SC

When parents are seeking a dissolution of their marriage, they must work together to create a parenting time schedule and parenting plan that addresses various elements of co-raising a child, including with whom the child will live, what the visitation rights of the other child will be, who will have the authority to make decisions about the child, how the child will be transported from one parent’s home to the other’s, with whom the child will spend holidays and summer break, and much more.

Before parents can make a decision on the above topics, it is important to understand the types of child custody arrangements that are recognized in South Carolina:

• Legal Custody – Sole and Joint: The state recognizes legal custody as separate from physical custody. Legal custody refers to which parent has decision-making power with regards to various elements of a child’s life, such as which religion the child will be raised in or where the child should go to school. Depending upon the factors of the case, legal custody may be sole (awarded to one parent only) or joint (shared equally by both parents). Typically, unless the child’s best interests are at risk, the courts tend to prefer a shared legal custody arrangement.

• Physical Custody – Sole and Joint: Physical custody refers to which parent is responsible for the child’s care and wellbeing, as well as with which parent the child will live. This, too, may be sole or joint. Joint/shared physical custody can be a great option for parents who get along and are both interested in playing an active role in the child’s life together. When physical custody is given solely to one parent, the other parent will likely have liberal visitation rights with the child, unless the court believes that doing so will run contrary to the child’s best interests.

Parents have the right to–and are encouraged to–reach a parenting agreement on their own outside of court. This means that you do not have to ask a judge to make a decision about how you will share time with your child. In fact, you will only need to turn to the courts in the event that you cannot negotiate a parenting plan between you and your spouse.

When negotiating a parenting plan, it is important to have a clear idea of what you want, where you are willing to compromise, and your non-negotiables. Remember that your spouse loves your child just as much as you do and remember that the ultimate agreement should be about the child’s best interests – not your own. If negotiation seems impossible, be sure to attempt professionally mediated sessions before turning to a judge for intervention.

South Carolina Child Custody Laws – How a Court Makes a Determination About Child Custody

In the event that you and your spouse cannot come to an agreement about child custody, visitation, and legal decision making on your own, you will need to request that a judge hear your case, and ultimately issue a decision pertaining to child custody. In the event that a court is tasked with making a determination about child custody, it must do so based on the best interests of the child.

Per South Carolina law, the following factors must be considered by a court in determining a child’s “best interests”:

• The physical and mental condition of the child;
• The temperament and developmental needs of the child;
• The physical and mental condition of each parent;
• The relationship that exists between the child and each parent;
• The ability and willingness of each parent to foster a positive relationship between the child and the other parent;
• The stability of the child’s existing and proposed residences;
• Any history of domestic violence or abuse within the household;
• Each parent’s desire to maintain a close relationship with the child; and
• Any other factors that the court finds relevant.

Keep in mind that in considering the child’s needs, the child’s relationships, home, school, and community may all be considered. If one parent is planning to relocate, this too may be considered. Further note that South Carolina courts do not automatically favor mothers in child custody decisions. Fathers have an equal right to seek custody of, and be considered as the primary custodian of, their child.

How to Improve the Outcome of Your Child Custody Case

When you are negotiating a child custody case or are about to present your case to a judge, there is a lot on the line. Some tips that can improve the outcome of your child custody case include:

• Don’t badmouth your spouse publicly or in front of your child;
• Stay off of social media (especially if you are engaging in behavior that could adversely affect a court’s opinion of you);
• Gather evidence and witnesses who can testify to your parenting abilities;
• Be open and flexible – compromise can go a long way;
• Maintain professionalism and civility, especially in the courtroom.

In addition to the above, you should retain the services of a skilled child custody lawyer who will be a strong advocate on your behalf.

Call Our South Carolina Child Custody Attorneys Today

Losing custody of your child can be a terrifying thought. If you have questions about child custody or what steps to take if custody with your child is being threatened, contact the Nowell Law Firm today for assistance. You can visit our Spartanburg, SC office in person, send us a message, or call us at (864) 469-2481