How is child custody decided in South Carolina?

South Carolina child custody is governed by S.C. Code §§ 63-15-10 through 63-15-340.

1. Legal vs. Physical Custody

Legal custody — decision-making for education, healthcare, religion.

Physical custody — where the child lives.

May be joint or sole (S.C. Code § 63-15-210).

2. No Presumption (S.C. Code § 63-15-220)

'Neither parent shall be considered to have a superior entitlement to custody of the child.' South Carolina abolished the tender years doctrine and any maternal preference.

3. Best Interest Factors — 17 Listed (S.C. Code § 63-15-240(B))

The court must consider:

Temperament and developmental needs of the child.

Capacity and disposition of the parents to understand and meet the needs of the child.

Preferences of each child.

Wishes of the parents as to custody.

Past and current interaction and relationship of the child with each parent, siblings, and any other relevant person.

Actions of each parent to encourage the continuing parent-child relationship between the child and the other parent.

Manipulation by or coercive behavior of the parents in an effort to involve the child in the parents' dispute.

Any effort by one parent to disparage the other parent.

Ability of each parent to be actively involved in the life of the child.

Child's adjustment to current and proposed home, school, and community.

Stability of the child's existing and proposed residences.

Mental and physical health of all individuals involved (except disability that is not relevant to ability to parent).

Child's cultural and spiritual background.

Whether the child or sibling has been abused or neglected.

Whether one parent has perpetrated domestic violence or child abuse.

Whether one parent has relocated more than 100 miles from the child's primary residence in the past year (unless to avoid abuse).

Other factors the court considers necessary.

4. Joint Custody (S.C. Code § 63-15-230(C))

The court may award joint custody when it 'is in the best interest of the child.' Factors include the ability of parents to communicate and cooperate, geographic proximity, willingness to share custody, and the child's relationship with each parent.

5. Child's Preference (Factor 3)

No specific age. South Carolina courts consider the preferences of children of sufficient age and discretion. Weight increases with age and maturity. Children age 12 and older typically have preferences considered seriously.

6. Guardian ad Litem (S.C. Code § 63-3-810)

The court may appoint a Guardian ad Litem to represent the child's best interest.

7. Modification (S.C. Code § 63-15-220 et seq.)

Requires a substantial change of circumstances affecting the child's welfare since the prior order, plus best interest. Latimer v. Farmer, 360 S.C. 375 (2004).

8. Relocation

South Carolina abolished the prior presumption against relocation in Latimer v. Farmer, 360 S.C. 375 (2004). The court analyzes relocation under best interest factors (§ 63-15-240) without a presumption either way. Factors specifically considered:

Potential advantages of the proposed move (economic, emotional, educational).

Likelihood that the move will improve the quality of life for the custodial parent and child.

Integrity of the motives behind the proposed move.

Whether realistic substitute visitation can be arranged.

This is legal information, not legal advice.