{"id":376208,"date":"2025-03-17T23:00:00","date_gmt":"2025-03-18T04:00:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/south-carolina-law\/south-carolina-child-custody-laws.html"},"modified":"2025-03-17T23:00:00","modified_gmt":"2025-03-18T04:00:00","slug":"south-carolina-child-custody-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/south-carolina-law\/south-carolina-child-custody-laws.html","title":{"rendered":"South Carolina Child Custody Laws"},"content":{"rendered":"\n
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South Carolina Child Custody Laws<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by Jordan Walker, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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South Carolina child custody laws distinguish between legal custody, which involves major decision-making regarding the child’s upbringing, and physical custody, which is where the child lives, and both can be awarded as joint custody or sole custody. Courts prioritize the child’s best interests, considering factors like the child’s age, parental involvement, stability, and the child\u2019s preferences, and grandparent visitation rights are recognized in South Carolina. To navigate custody disputes effectively, it\u2019s a good idea to get legal advice from a family law attorney.<\/p>\n\n <\/div>\n\n

Parents should agree to a custody arrangement when they will raise their child separately. This includes how they will make decisions regarding their minor child\u2019s medical care, school activities, extracurricular activities, and spiritual background and how they will share time parenting time with the child. If parents are unable to come to a custody agreement, South Carolina family courts will decide the best course of action based on state child custody laws<\/a>. South Carolina also follows the Uniform Child Custody Jurisdiction Enforcement Act<\/a> (UCCJEA), which requires states to recognize and enforce custody orders from other states.<\/p>\n

This article provides a general overview of child custody laws in the state of South Carolina.<\/p>\n

Types of Child Custody<\/b><\/h2>\n

Under South Carolina’s child custody laws, custody arrangements typically encompass two categories: legal custody and physical custody. Legal custody pertains to the authority to make significant decisions regarding the upbringing of the child. South Carolina courts may grant either joint legal custody, where both parents share responsibility for decision-making, or sole legal custody, where one parent holds exclusive authority.<\/p>\n

Physical custody concerns the child’s actual residence and time spent with them. This ranges from sole physical custody, where the child primarily resides with one parent, to joint physical custody, where the child spends time with both parents. In joint custody arrangements, both parents may share legal custody. Still, they may have either joint physical custody or one parent may be designated as the primary caretaker, with the child primarily residing with them.<\/p>\n

A noncustodial parent is a parent who does not have primary physical custody of the child. This means that the child does not live with them the majority of the time. Noncustodial parents often have visitation rights, allowing them to spend time with their child according to a visitation schedule agreed upon or by court order.<\/p>\n

South Carolina Child Custody Laws: At a Glance<\/b><\/h2>\n

You can find additional details about South Carolina child custody laws in the chart below. See FindLaw’s extensive Child Custody<\/a> section for more articles and resources.<\/p>\n\n
Code Section<\/td>\nSouth Carolina Code Title 63: Children’s Code, Chapter 15: Child Custody & Visitation<\/a><\/td>\n<\/tr>
Year Uniform Child Custody Jurisdiction and Enforcement Act Adopted<\/td>\n2008<\/td>\n<\/tr>
Joint Custody<\/td>\nYes, under \u00a7 63-15-210<\/a>, joint custody is allowed in the state of South Carolina<\/td>\n<\/tr>
Grandparent Visitation Rights Recognized?<\/td>\nYes, grandparents can have visitation rights in South Carolina<\/td>\n<\/tr>
Child’s Wishes Considered?<\/td>\nYes, under \u00a7 63-15-240(B)(4), the court does consider the child’s preferences<\/td>\n<\/tr><\/tbody><\/table>\n

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\n

The Best Interests of the Child<\/h2>\n

When a couple splits up, the responsibility to care for any child of both parties is usually shared between them. In South Carolina, the judge decides child custody matters based on the "best interests of the child<\/a>." This is the most common standard for determining child custody<\/a>. The factors the judge must consider include:<\/p>\n