Child custody and visitation issues most commonly arise when parents are seeking a divorce. However, these issues arise in other situations as well. When custody issues are part of a divorce action, this usually becomes the most important and the most contested issue. In child custody cases, it is important to have a strong advocate who can obtain and present necessary evidence to the Court to enable the Court to make the right decision.
Schedule Consultation - Call (864) 641-3377
Free consultations are exclusively for personal injury cases.
A consultation fee applies to all other matters.
The Court has a great deal of discretion when making decisions about children. In all cases, the Court is concerned with the best interests of the child. The Court has the ability to grant sole custody to one parent, or the Court can grant joint custody to both parents. Joint custody could be “true joint custody,” where parents spend equal time with their children, or one parent could be given primary legal or physical custody. Unless there are concerns about the safety of a child, the Court will grant visitation rights to a noncustodial parent. In deciding the best interests of the child, the Court can consider numerous factors, some of which include:
- Special needs of a child
- Ability of parents to provide proper care and meet the child’s needs
- Child’s preference
- Prior actions of parents that show fitness to provide for the child
- Actions of a parent to encourage or discourage a relationship with the other parent
- Stability for the child
- Physical and mental health issues
Parents have a duty to provide financial support for their children. There are situations where the payment of child support becomes a highly contested issue. Generally speaking, child support will be set pursuant to the South Carolina Child Support Guidelines. However, the Court can deviate from the Guidelines. Additionally, disputes can arise on the figures to be used when running the Guidelines.
What is Family Law?
Custody, also known as
parental rights and responsibilities or
child and family law, encompasses legal custody (the right to make important decisions about a child's health, education, and well-being) and physical custody (where the child resides).
Visitation, or "parenting time," determines how much time the non-custodial parent spends with the child. Both custody and visitation are determined by the court based on the overarching legal principle of the best interests of the child. This principle is based on a highly specific fact-based analysis that considers factors such as the child's wishes, the child's emotional bond with each parent, and the stability of the family environment. Child support is a financial obligation owed by one parent to the other to provide for the child's needs. The amount of support is typically calculated using a statutory formula that takes into account each parent's income, the number of overnight stays with the child, and other expenses. These legal issues can be resolved through a mutual agreement (parenting plan) or, if necessary, through the courts.
-
Academic Resource: The Legal Information Institute (LII) at Cornell Law School provides a detailed legal overview of child custody, explaining the types of custody and the legal standards applied by the courts. LII Child Custody Overview
When family relationships change, the best interests of your children are paramount. At Burts Turner & Rhodes in Spartanburg, our family law attorneys are dedicated to litigating your rights and your children's best interests in matters related to child custody, visitation, and custody. We understand the emotional strain these issues can bring and provide compassionate and strategic legal advice. Our firm is experienced in negotiation and litigation, covering a wide range of child-related legal matters, from negotiating initial custody agreements to requesting modifications of existing orders. We will develop a parenting plan that serves the best interests of your children while protecting your parental rights. We also handle child support issues and ensure that both parents' financial obligations are fairly and accurately calculated under South Carolina law.
