How Do South Carolina Courts Decide Child Visitation?

Divorce presents many emotional challenges, especially when parents disagree about child visitation schedules. When making child visitation decisions, South Carolina judges are guided by “the best interests of the child.” Understanding how judges evaluate each parent’s situation and the factors they consider when determining child visitation can help you prepare for this process with confidence.

The attorneys at Brinkley Law Firm, LLC, are highly skilled in South Carolina child visitation matters and can help you develop a child visitation plan that will best support your child and your personal circumstances.

“The Best Interests of the Child”

South Carolina child visitation laws are intended to support “the best interests of the child.” Both parents have equal rights and responsibilities towards their children. When South Carolina courts decide child visitation matters, judges consider multiple factors to determine what is in the best interests of the child.

South Carolina courts can consider the following factors when evaluating the best interests of the child:

(1) the temperament and developmental needs of the child;

(2) the capacity and the disposition of the parents to understand and meet the needs of the child;

(3) the preferences of each child;

(4) the wishes of the parents as to custody;

(5) the past and current interaction and relationship of the child with each parent, the child's siblings, and any other person, including a grandparent, who may significantly affect the best interest of the child;

(6) the actions of each parent to encourage the continuing parent-child relationship between the child and the other parent, as is appropriate, including compliance with court orders;

(7) the manipulation by or coercive behavior of the parents in an effort to involve the child in the parents' dispute;

(8) any effort by one parent to disparage the other parent in front of the child;

(9) the ability of each parent to be actively involved in the life of the child;

(10) the child's adjustment to his or her home, school, and community environments;

(11) the stability of the child's existing and proposed residences;

(12) the mental and physical health of all individuals involved, except that a disability of a proposed custodial parent or other party, in and of itself, must not be determinative of custody unless the proposed custodial arrangement is not in the best interest of the child;

(13) the child's cultural and spiritual background;

(14) whether the child or a sibling of the child has been abused or neglected;

(15) whether one parent has perpetrated domestic violence or child abuse or the effect on the child of the actions of an abuser if any domestic violence has occurred between the parents or between a parent and another individual or between the parent and the child;

(16) whether one parent has relocated more than one hundred miles from the child's primary residence in the past year, unless the parent relocated for safety reasons; and

(17) other factors as the court considers necessary.

Modifying a Child Visitation Schedule

Changes in a child visitation schedule may be necessary when there is a substantial change in circumstances and changing the visitation schedule aligns with the child’s best interests. Situations that might require a change in child visitation include:

• Relocation or a significant change in a parent’s living situation
• Changes in the child’s needs or circumstances
• A parent’s new employment status or work schedule
• Evidence of abuse, neglect, or domestic violence
• A parent’s health condition or disability
• A parent’s rehabilitation or recovery from substance abuse
• Changes in the child’s educational or extracurricular needs
• The child’s preferences, especially as they get older

Guardian Ad Litem (“GAL”)

In some situations, a judge may appoint a guardian ad litem (“GAL”) to investigate and report on child visitation issues. For example, the GAL may want to know whether either parent has been criticizing the other in the child’s presence. The GAL may also evaluate each parent’s parenting skills and may interview family members, teachers, physicians, counselors, and others regarding each parent’s relationship with the child.

Do You Need Help from Our South Carolina Child Visitation Lawyers?

Child visitation matters can be complicated and emotionally draining. You may think the best interests of your child are obvious, but the other parent may have other ideas.

The experienced South Carolina child visitation attorneys at Brinkley Law Firm, LLC, can protect your rights and build a better future for you and your child. We will work to make the process easier by helping you understand the potential outcomes and how they will impact you and your family.