Unlike some states, in South Carolina mothers are not automatically favored over the father in child custody cases. According to the law, both parents are entrusted with the welfare and education of the child and each has equal rights and responsibilities to care for their children. Even in the case of children born out of wedlock, fathers may petition for visitation rights or custody once paternity has been established.
South Carolina looks at child’s best interest when determining custody by looking at:
- The temperament/developmental needs of the child
- How competently the parents can meet their child’s needs
- The child preference (depending on age)
- The wishes of the parents as to custody
- Historical and present relationship of child and parent
- How well each parent encourages the child’s relationship with the other parent
- The stability of the child’s existing and proposed residences
- Mental and physical health of all individuals involved
- How able each parent is to be actively involved in the child’s life
- Any history of domestic violence on the part of each parent
Your Family Law Legal team
The Farley Law Firm, LLC understands that the state of South Carolina looks to the child’s best interests in settling cases of child custody. They can provide you with experienced representation in any child custody or divorce litigation.