Child Custody Lawyer in Spartanburg, SC

Understanding Child Custody in Spartanburg, SC

In South Carolina, child custody is divided into two primary types: Of the two basic types of custody, there is legal custody and physical custody.

Legal custody on the other hand is the right of a parent to decide on major aspects of the child’s life for example school, medical treatment, and religion. Physical custody, in contrast, defines where the child will be residing with which parent the child will be living, and who will be under whose care during the day.

Joint custody can be awarded and so can sole custody. Joint custody means that both parents have either the physical or legal custody (or both) of the child; it means that they can make significant decisions together and also spend considerable time with the child.

Joint physical custody does not necessarily entail a fifty-fifty share of the parenting time but guarantees the active participation of both parents in the child’s life.

Sole custody means that one parent has the right to decide about a child (sole legal custody) or that one parent is entitled to have the child with him or her for the majority of the time (sole physical custody). The other parent may still have visitation rights in the case.

In deciding on the custody South Carolina family courts look at what will be in the best interest of the child.

The courts take into account the age of the child, the rights and the wrongs of the child in choosing between the parents, the stability of each parent, domestic violence, and the desires of the child depending on the age of the child.

Common Child Custody Issues in South Carolina, Spartanburg

Some of the challenges that parents in Spartanburg County experience during child custody issues are; relocation, visitation, and parenting plans. All of these can slow down the process and if not well handled can lead to lengthy court cases.

Relocation

It is a common cause of dispute when one parent wants to relocate to another city or state with the child where it can have its practice areas. In South Carolina, if the move will have a significant impact on the child’s relationship with the other parent, the moving parent has to go to court for permission.

The courts will consider whether the move is in the child’s best interest or not, or if it will distort their pattern of relationships and stability.

Visitation Disputes

It usually comes up when one parent feels the other is not respecting the agreed schedule or when there are issues with the child’s well-being while with the other parent.

Spartanburg courts promote both parents to have a role in the life of the child, but if there is a violation of visitation rights, then legal action may be needed to change the schedule or to enforce it.

Parenting Plan Disagreements

It is another frequent problem, especially if the parents cannot decide how the child should be cared for during the day, or which school the child should attend, or whether the child should go on vacation with the mother or the father.

For instance, one parent may want the child to go to a particular school in Spartanburg but the other parent may disagree because of transport problems.

Modifying Child Custody Arrangements

South Carolina family law allows the modification of child custody when there is a change of circumstances that would be detrimental to the child.

Such changes may range from one of the parents moving to another place, change in the child’s needs, or disability of a parent to continue providing care to the child among other reasons that may be deemed to be in the best interest of the child. However, the court will only change custody if this change will be in the best interest of the child.

For a change to be made, the requesting parent must file a motion with the family court. The parent must then offer sufficient facts which will indicate that there has been a material change of circumstances since the custody order was made.

This is known as the burden of proof and a way of proving that the current setting is not appropriate or that change will be in the best interest of the child.

This is because custody modifications are usually elaborate with legal arguments and numerous evidence hence the need to seek the services of a professional child custody attorney. 

In this case, lack of professional advocacy leaves the parents with either a prolonged process or a poor decision that may further strain the parent-child relationship.