Is Custody Always Awarded to Moms?
A common belief among divorcing parents in South Carolina is that mothers always get custody. While this may have been the trend decades ago, today’s family courts — including in Lexington County — take a very different approach.
Custody is no longer about gender. It’s about what’s best for the child. And both parents now have a fair opportunity to show they can meet that standard.
The “Best Interest of the Child” Is the Legal Standard
South Carolina law requires judges to decide custody based on what’s in the child’s best interest. That means the court considers many factors — not the parent’s gender.
Key factors include:
- Each parent’s ability to meet the child’s needs
- Stability of each home environment
- The child’s relationship with each parent
- Which parent has been the primary caregiver
- Willingness to support the child’s relationship with the other parent
- Any history of domestic violence, substance abuse, or neglect
Judges are required to look at the full picture, not just outdated assumptions.
Do Moms Still Get Primary Custody More Often?
In many cases, yes — but not because they’re moms. Often, it’s because they’ve been the primary caregiver, especially for younger children.
If a father has been equally involved in daily care — school drop-offs, meals, doctor’s appointments — the court may award joint custody or even primary custody to him, depending on the facts.
Lexington family courts recognize that children benefit from strong relationships with both parents, when possible.
What Rights Do Fathers Have?
South Carolina law gives fathers equal standing in custody cases — assuming paternity has been legally established. That means:
- You can request joint or sole custody
- You can negotiate parenting time, including holidays and vacations
- You can enforce your rights through the court if necessary
Don’t assume you’ll automatically be given limited visitation. Many fathers are granted shared custody or primary placement, depending on the circumstances.
Can Older Children Decide Who They Live With?
In South Carolina, children can express a preference, especially if they’re mature enough — typically age 12 and older. However, it’s not the only factor.
The court will consider the child’s:
- Age and maturity
- Reason for the preference
- Relationship with each parent
- Overall well-being
Judges weigh this input but do not let children make the final decision.
What Can You Do to Strengthen Your Custody Case?
Here are a few smart steps:
- Stay actively involved in your child’s day-to-day life
- Document your parenting efforts (school, medical, activities)
- Avoid conflict with the other parent — courts look for cooperation
- Talk to a family law attorney about presenting your case
Whether you’re a mom or a dad, your actions matter more than your title.
Quick FAQs
Do Lexington courts automatically favor mothers in custody cases?
No. Courts look at the best interest of the child — not the gender of the parent.
What if I work full time and can’t provide care during the week?
You can still request shared custody or creative schedules, like weekends and holidays.
Can dads get full custody in South Carolina?
Yes, if it’s in the child’s best interest and supported by strong facts.
If you’re worried about custody in your divorce, don’t make assumptions. Call The Farley Law Firm in Lexington today to discuss your rights and next steps.
Disclaimer
This information is for general education only and not legal advice. Schedule a consultation to discuss your case. Past results do not guarantee a similar outcome.