South Carolina Child Custody and Support

Types of Child Custody

In the case of a divorce or legal separation, either the parents or a South Carolina family court will determine legal and physical custody issues regarding shared minor children:

• Legal custody: Legal custody refers to the legal right and responsibility to make major decisions about health, education, and welfare for your child. A court could grant sole legal custody to you or your ex, but South Carolina courts currently prefer joint legal custody.

• Physical custody: Physical custody refers to where your child resides most of the time. Parents should be aware that South Carolina courts generally believe that it is important for your child to have stability, rather than being shifted from place to place. Therefore, judges do not favor joint physical custody, where your child resides with you half of the time and with your ex for the other half. However, South Carolina has abolished the “Tender Years Doctrine,” which favored awarding custody to the mother, so courts can’t give custodial preference based on the parent’s or the child’s gender.

Determining Custody Issues in South Carolina

South Carolina child custody laws require parents to submit a proposed parenting plan, sorting out custody issues between you and your ex. A parenting plan generally includes:

• The type of custody each parent will have;

• A parenting time schedule or visitation schedule;

• A statement assigning legal decision-making to either or both parents; and

• Other considerations for the court.

As long as the plan is in your child’s best interest, a court will generally accept it. If you and your ex cannot agree on an acceptable plan, a judge may develop one instead. The court is required to create a plan that is in the best interest of the child. In doing so, the court can consider any factors relevant to your child's physical and emotional well-being, including, but not limited to:

• The primary caregiver: In South Carolina, there is a presumption that the parent who has been the primary caregiver of the child should be awarded primary physical custody of the child.

• Your child’s preference: A judge may take the child’s wishes into consideration, and weigh the child’s wishes, keeping in mind the child’s age and maturity.

• Parental behavior: Any history of domestic violence, excessive use of alcohol, criminal convictions, parental kidnapping, or any behavior that endangered the child.

• Child’s relationship with other parent: Which parent will best foster a relationship between the child and the other parent.

• Home Environment: Which parent offers the child the best stable home environment, including supervision, living conditions, other adults or siblings in the home, the neighborhood where the home is located, and continuation of the same school and friends.

• Relationship with child: The love, affection, and emotional ties between the parent and child.

Changing Custody

Your child’s needs may change as they get older, and you might need to modify your parenting plan as your child grows. Your parenting plan can include methods for review and modification under certain circumstances, such as when your child reaches a certain age. If you and your ex cannot agree on modifications, the court will again consider your child’s best interests when deciding whether to change a parenting plan. For a court to change a child custody order, there usually must be a substantial change in your or your child’s circumstances, and the modification must be in your child’s best interest.

Establishing Child Support

Under South Carolina law, each parent has a duty to support his or her children. For non-custodial parents, this usually means paying money to the other parent for the care and well-being of shared minor children. The duty to support generally extends until your child is 18 years old, and sometimes until your child is 19 years old or graduates from high school.

South Carolina’s Child Support Services Division (CSSD) is responsible for establishing and enforcing child support in the state. The CSSD can be your resource for:

• Establishing paternity;

• Locating absent parents;

• Creating, enforcing, and modifying child support orders; and

• Collecting and distributing child support payments.

You can apply online for child support services through the South Carolina Department of Social Services (DSS) website. You can also download the application and mail it to the South Carolina Department of Social Services, Child Support Services Division, P.O. Box 1469, Columbia, South Carolina 29202.

Child Support Amounts in South Carolina

Child support is calculated according to the South Carolina Child Support Guidelines, which use parents' gross income and the number of children to establish a support calculation. The guidelines and a child support calculator are available online to help estimate what you might owe or receive in child support.

Either parent can request a modification to a child support order until the duty no longer exists. As with child custody orders, modifications are appropriate if you can demonstrate a "substantial change of circumstances.” Common changes in circumstances include a change in income for either you or your ex (or both), changes in the "time-sharing" arrangements that you have with your child, and changes in your child’s needs.

Get Legal Help With Your Child Custody Case

Understanding family law issues can be difficult. Consult with an experienced South Carolina family law attorney for legal advice if you need help. You can also visit FindLaw’s resources on child custody and child support for more information.