Sinclair & Collins, LLC
Attorneys at Law
Phone: (864) 573-7575 ext. 6
Fax: (864) 585-0183
Email: office@dmcjr.com
Physical Address: 302 East St. John Street
Spartanburg, SC 29302
Mailing Address: P.O. Box 1853
Spartanburg, SC 29304
About Child Custody and Visitation
In South Carolina
How does a Court decide which parent gets custody?
The Court looks at the best interest of the chid in determining which parent gets custody. How a Judge determines what is in the child’s best interest in a large part depends on the individual Judge. But Judges in general tend to consider which parent spends more time with the child, which parent has a better relationship with the child, which parent is able to give the child a more stable caring and loving environment.
Does the mother automatically get custody when a husband and wife separate?
No. When parents are married and separate, each party is treated equally by the Court. Neither party starts off with an advantage in the area of custody.
Who has custody if two parents, who are not married, separate?
By law when two unmarried parents separate, the biological mother has legal custody until a Judge rules otherwise. The father of the child, if he is not married to the mother, must petition the Court to obtain visitation rights or custody of the minor child.
Which parent has custody if there is no Court Order?
If the parents are married, each parent has an equal right to custody of the child until a Family Court Order is issued. If the parents are unmarried, by statute, the biological mother has legal custody of the child until a Family Court Order is issued.
Can I make my spouse give me joint custody of our children?
In almost all cases, South Carolina Family Court Judges will only order joint custody if the parents agree to joint custody. Family Court Judges in South Carolina typically will not force two parents to exercise joint custody if they cannot agree to do it together.
If joint custody is not possible, how much visitation an I get?
The amount and frequency of visitation that a non-custodial parent is awarded is left up to the discretion of the Family Court Judge. Standard visitation for a non-custodial parent is often described as visitation every other weekend, two weeks of visitation in the summer, a week of visitation at Christmas and visitation on alternating other holidays. Depending on the circumstances, this amount of visitation may be increased or decreased by the Family Court Judge.
Can I stop the other parent’s visitation if they are not paying child support?
South Carolina Courts treat visitation and child support as two separate issues. You cannot keep the other parent from visiting because they are not paying child support.