Family Law › Child Custody & Vistation

Child Custody & Visitation

Child custody decisions are among the most important—and emotionally charged—issues addressed by the South Carolina Family Court. When parents separate, the court’s primary concern is the best interests of the child.

Custody involves both legal custody, which concerns decision-making authority, and physical custody, which determines where a child resides and how parenting time is shared. Depending on the circumstances, custody may be sole or joint.

Courts evaluate a wide range of factors, including each parent’s role in caregiving, the child’s needs, household stability, and each parent’s ability to support a healthy relationship with the other parent. No single factor controls the outcome, and custody determinations are highly fact-specific.

In contested cases, the court may appoint a guardian ad litem to investigate and provide recommendations focused on the child’s welfare. While influential, these recommendations are advisory and do not replace the court’s independent judgment.

Custody arrangements may be established by agreement or resolved by the court when disputes cannot be resolved collaboratively.