South Carolina Child Custody Laws

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’s 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. South Carolina also follows the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), which requires states to recognize and enforce custody orders from other states.

This article provides a general overview of child custody laws in the state of South Carolina.

Types of Child Custody

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.

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.

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.

South Carolina Child Custody Laws: At a Glance

You can find additional details about South Carolina child custody laws in the chart below. See FindLaw’s extensive Child Custody section for more articles and resources.

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.

The Best Interests of the Child

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." This is the most common standard for determining child custody. The factors the judge must consider include:

• The needs and preferences of the child
• The child’s adjustment to their home, school, or community and the stability at existing or proposed residences, including if a parent moved more than 100 miles from the child’s primary residence (unless relocated for safety reasons)
• The parent’s ability to understand and meet those needs and be actively involved in the child’s life
• The parents’ desire to have custody
• The mental and physical health of all individuals involved
• Past and current relationship of the child with each parent, sibling, grandparent, etc. who could significantly affect the best interests of the child
• How each parent has encouraged a continuing parent-child relationship with the other parent
• Manipulative or coercive behavior by a parent to involve a child in the parents’ dispute or disparaging the other parent in front of the child
• Whether a child or sibling of a child has been abused or neglected by one or both of the parents
• Whether a parent has abused the other parent or another person and the effect of the domestic violence on the child
• Other factors the court considers necessary

Research the Law

• South Carolina Law
• Official State Codes — Links to the official online statutes (laws) in all 50 states and D.C.

South Carolina Child Custody Laws: Related Resources

• State Guidelines for Setting Child Support
• Custody Considerations: Step-by-Step
• Getting Custody FAQ
• Child Custody Relocation Laws

Get Legal Help with Child Custody Today

If you and your child’s other parent are separating, you might not agree on who gets custody of your child or what the custody arrangement should look like. There are many other factors to consider in these determinations, but the court’s primary concern will be the child’s own best interests.

One of the best ways to get a handle on the process is to seek guidance from an experienced family law attorney.