The Different Types of Child Custody Arrangements in South Carolina

When parents divorce or separate, one of the most crucial and emotionally charged decisions they face is how to handle child custody. In South Carolina, the family court’s primary concern is protecting the best interests of the child. Several types of custody arrangements exist to allocate parental rights and responsibilities.

At Steele Family Law, we understand that every family is unique. We’re here to help you find an arrangement that works for your family. Let’s break down the different types of child custody recognized in South Carolina.

Sole Custody vs. Joint Custody in South Carolina

In South Carolina, child custody is divided into two main categories:

1. Sole custody means one parent has exclusive physical and legal custody rights. The child lives primarily with the custodial parent, who makes all major decisions about the child’s upbringing.
2. Joint custody means both parents share custody rights. The child spends time living with both parents, and the parents work together to make decisions about the child’s welfare.

Within these broad categories, custody is further defined by physical custody and legal custody.

Physical Custody: Where the Child Lives

Physical custody refers to where the child physically resides and which parent is responsible for daily caregiving. South Carolina recognizes several physical custody arrangements:

Primary Physical Custody

In this arrangement, the child lives primarily with one parent, spending the majority of their time in that parent’s home. The other parent typically has visitation rights, such as weekends, holidays, and summer vacations.

Joint Physical Custody

Here, the child splits their time more equally between both parents’ homes. The exact division of time can vary, such as alternating weeks or 2-2-3 schedules (two days with one parent, two days with the other, then three days with the first parent, alternating each week).

Split Custody (Divided Custody)

Split custody means multiple children are divided between the parents’ households. For example, one child lives primarily with the mother while another lives primarily with the father. Courts generally prefer to keep siblings together, so split custody is less common.

Bird’s Nest Custody

This less common arrangement has the children remain in the family home while the parents take turns moving in and out. The goal is to minimize disruption to the children’s lives, but it requires a high degree of parental cooperation.

Legal Custody: Making Decisions for the Child

Legal custody refers to a parent’s right to make major decisions about the child’s upbringing, such as:

• Education
• Healthcare
• Religious training
• Extracurricular activities

South Carolina recognizes two main types of legal custody:

Sole Legal Custody

One parent has the exclusive right to make major decisions for the child. This is less common, as courts generally believe it’s in a child’s best interest to have both parents involved in key decisions.

Joint Legal Custody

Both parents share the right to make major decisions for the child. They must consult each other and attempt to reach a consensus on significant issues. Joint legal custody is the default arrangement unless there are compelling reasons to grant sole legal custody to one parent. However, courts often pick a “primary” parent, who has final decision-making authority if the parents can’t agree after reasonable discussion.

Factors Considered in Child Custody Decisions

When determining custody arrangements, South Carolina family courts consider a variety of factors, always placing the child’s best interests first. These factors include:

• The child’s preferences, if they are old enough to express a rational opinion
• Each parent’s relationship with the child and ability to meet the child’s needs
• The child’s ties to their current home, school, and community
• Each parent’s physical and mental health
• Any history of domestic violence or substance abuse
• The child’s cultural and religious background
• The willingness of each parent to encourage a relationship with the other parent

Visitation (Parenting Time)

In South Carolina, visitation is officially called “parenting time.” The non-custodial parent is granted reasonable visitation unless the court finds that visitation would seriously endanger the child’s physical, mental, or emotional health.

There are several types of visitation schedules:

• Unsupervised visitation allows the non-custodial parent to spend time alone with the child.
• Supervised visitation requires another adult to be present during the visit, either a professional supervisor or a family member. This is ordered when there are concerns about the child’s safety with the non-custodial parent.
• Virtual visitation uses technology like video calling to facilitate contact between the child and non-custodial parent. This is often used to supplement in-person visits when parents live far apart.

Modifying Custody Orders

Child custody orders are not set in stone. As children grow and circumstances change, it may become necessary to modify the arrangement. Either parent can request a modification if there has been a substantial change in circumstances that affects the child’s best interests.

Examples of qualifying changes could include:

• One parent’s relocation
• Changes in the child’s needs as they age
• Parental illness, substance abuse, or incarceration
• The child’s expressed preference (particularly if they are a teenager)

To modify custody, you must file a petition with the court and demonstrate compelling reasons for the change. The court will hold a hearing to review the evidence and determine if modifying custody is in the child’s best interests.

Get Help Navigating Child Custody

Child custody issues are complex and emotionally charged. When your relationship with your child is at stake, you need an experienced advocate in your corner.

The compassionate attorneys at Steele Family Law understand what you’re going through. We’re here to guide you through the custody process with skill and understanding. We’ll listen to your concerns, assess your family’s unique needs, and work tirelessly to protect your parental rights.

Whether you’re establishing custody for the first time, seeking to modify an existing arrangement, or dealing with a high-conflict situation, we can help. Contact Steele Family Law today to discuss your child custody goals and how we can help you achieve them. Together, we’ll create a parenting plan that safeguards your child’s best interests and helps your family thrive.