Child Custody

When a couple decides to end a marriage and children are involved, the parents must determine where the children will reside and how much time the children will be allowed to spend with each parent. This is known as child custody and parenting plans.

In some cases, child custody issues are simple and handled amicably though mediation. In other, more complex cases, child custody issues must be addressed in court so that a judge can determine what is in the best interest of the child. Child custody issues can also affect parents dealing with factors such as relocation, modification of a divorce agreement, non-parental issues, and more.

Types of Child Custody

South Carolina law differentiates between to different forms of custody, physical and legal custody, as well as two different types of custody arrangements, sole and joint custody. The standard applied in all custody actions is “the best interests of the child.”

Physical Custody

Physical custody concerns the residence and physical care of the child. The parent with primary physical custody of a child has the responsibility of caring for the child’s day-to-day needs, such as their nutrition and clothing. This parent is referred to as the “custodial parent” and resides in the same household as the child. 

The “noncustodial parent,” or the parent without primary custody of the child, is responsible for these matters during the child’s visitation time with them. Otherwise, the extent of this parent’s responsibilities to the child’s day-to-day care is typically accounted for through child support payments. 

Legal Custody

The parent with primary legal custody of a child has the responsibility to make major decisions regarding the child’s care. These decisions may fall within, but are not limited to, the realm of medical, religious, and/or educational choices on behalf of the child. Typically, parents will share legal custody unless there has been demonstrated proof that sharing legal custody is not within “the child’s best interest.” 

The distribution of these custody arrangements will vary, but fall within either joint custody or sole custody.

Joint Custody 

Joint Custody arrangements are arrangements in which both parents have the same rights and responsibilities in caring for and making decisions on behalf of the child within the physical and/or legal realms. 

If the parents have joint legal custody, which is the most common legal custody arrangement, the parents share the right and responsibility to make crucial decisions for raising their child.

If the parents have joint physical custody, the child will spend time with both parents. This doesn’t necessarily mean that this time will be divided equally and the child may still have a designated primary residence within this arrangement, but the parents will still share custodial rights equally.

Sole Custody

Sole Custody arrangements are arrangements in which only one parent has the right and responsibility to care for and make decisions on behalf of the child within the physical and/or legal realms. 

If the parents have a sole legal custody arrangement, only one of the parents will have the right and responsibility to make crucial decisions in raising their child. This parent alone will make choices concerning the child’s overall health and wellbeing. 

If the parents have a sole physical custody arrangement, only one parent is recognized as the primary caregiver for the child. While the noncustodial parent may still have visitation rights, they will not be recognized as one of the child’s primary caregivers.