The family court is authorized to award sole custody to one parent with appropriate parenting time (visitation) for the noncustodial parent, or joint custody to both parents S.C. Code Ann. § 63-15-240, S.C. Code Ann. § 63-15-230. To make an initial custody or visitation determination, a South Carolina court must establish a statutory jurisdictional basis, primarily looking to whether South Carolina is the child's "home state" S.C. Code Ann. § 63-15-330.
The Best Interests of the Child Standard
Determining the child's best interests is an inherently case-specific and fact-specific inquiry Daily v. Daily, 432 S.C. 608. The family court must consider how the custody decision will impact all areas of the child's life—including physical, psychological, spiritual, educational, familial, emotional, and recreational aspects—as well as the character, fitness, attitude, and inclinations of each parent Brown v. Brown, 362 S.C. 85, Turner v. Thomas, 431 S.C. 527, Daily v. Daily, 432 S.C. 608.
Under South Carolina statutory law, the court must consider a non-exhaustive list of factors, which includes:
- The temperament and developmental needs of the child S.C. Code Ann. § 63-15-240;
- The capacity and disposition of the parents to understand and meet the needs of the child S.C. Code Ann. § 63-15-240;
- The wishes of the parents and the past and current interaction and relationship of the child with each parent, siblings, and other significant individuals S.C. Code Ann. § 63-15-240;
- The actions of each parent to encourage a continuing parent-child relationship with the other parent, including compliance with court orders, and whether a parent has engaged in manipulation, coercive behavior, or disparagement S.C. Code Ann. § 63-15-240;
- The ability of each parent to be actively involved in the child's life S.C. Code Ann. § 63-15-240;
- The child’s adjustment to home, school, and community environments, and the stability of the existing and proposed residences S.C. Code Ann. § 63-15-240;
- The mental and physical health of all individuals involved, though a parent's disability is not sole grounds to deny custody unless the arrangement is contrary to the child's best interest S.C. Code Ann. § 63-15-240;
- Whether the child or a sibling has been abused or neglected, or whether a parent has perpetrated domestic violence S.C. Code Ann. § 63-15-240; and
- Whether a parent has relocated more than 100 miles from the child's primary residence in the past year, unless done for safety reasons S.C. Code Ann. § 63-15-240.
Child Preferences and Third-Party Input
The court must consider the child's reasonable preference for custody Brown v. Brown, 362 S.C. 85, S.C. Code Ann. § 63-15-30. The court places weight upon this preference based on the child's age, experience, maturity, judgment, and ability to express it, though the child's overall best interest remains paramount to their preference Brown v. Brown, 362 S.C. 85, S.C. Code Ann. § 63-15-30. Additionally, the court may consider the opinions of third parties, including expert witnesses and the Guardian ad Litem (GAL) Daily v. Daily, 432 S.C. 608, Klein v. Barrett, 427 S.C. 74.
Domestic Violence Considerations
The court must give weight to evidence of domestic violence, including physical or sexual abuse, and determine which party was the primary aggressor S.C. Code Ann. § 63-15-40. If a parent who is not the primary aggressor flees or relocates from the home due to domestic violence, this relocation cannot be deemed sufficient cause to deny them custody S.C. Code Ann. § 63-15-40.
Parenting Plans and Joint Custody
At all temporary hearings where custody is contested, each parent must submit a parenting plan outlining their preferences, the allocation of parenting time, and how major decisions (education, medical, dental, extracurriculars, and religious training) will be made S.C. Code Ann. § 63-15-220. Joint parenting plans may also be submitted S.C. Code Ann. § 63-15-220. The court must consider these plans before issuing temporary or final custody orders, although a party's failure to submit one does not prevent the court from issuing an order S.C. Code Ann. § 63-15-220.
If the court awards joint custody, the final order must detail the residential arrangements and specify how the parents will consult and communicate regarding major life decisions for the child S.C. Code Ann. § 63-15-240. While joint custody has historically been characterized by appellate courts as unique and disfavored, it may be awarded in exceptional circumstances where both parents have positive relationships with the child and can serve as custodial parents Klein v. Barrett, 427 S.C. 74.
Jurisdictional Requirements and Modifications
A South Carolina court has jurisdiction to make an initial custody determination only if it meets specific statutory requirements, primarily if South Carolina is the "home state" of the child on the date the proceeding commences, or was the home state within six months before commencement and a parent still resides in the state S.C. Code Ann. § 63-15-330. Physical presence of, or personal jurisdiction over, a party or child is neither necessary nor sufficient S.C. Code Ann. § 63-15-330. Once a valid custody determination is made, the court retains exclusive, continuing jurisdiction unless the child and parents no longer have a significant connection with the state and substantial evidence is unavailable, or all parties have moved out of the state S.C. Code Ann. § 63-15-332.
To modify an existing custody or visitation order, the moving party has the burden of establishing a material change of circumstances substantially affecting the child's welfare, demonstrating that the child's best interests would be served by the modification S.C. Code Ann. § 63-15-240, Daily v. Daily, 432 S.C. 608.
South Carolina determines custody and visitation through a comprehensive evaluation of the child's best interests, guided by a statutory list of physical, emotional, and safety factors. The court balances parental fitness, the child's reasonable preferences, and structured parenting plans to draft joint or sole custody orders that protect the child's overall welfare.
At Seibert Law and Mediation, we believe families thrive when they are empowered to build solutions, not forced into conflict. If you’re facing a difficult chapter, we’re here to help you move forward with clarity, compassion, and dignity. The most important step you can take is to speak with an experienced family court attorney immediately.
Divorces, Separate Maintenance and Support, and custody and visitation matters in South Carolina can be highly technical, and small factual details often make the biggest difference. If you or someone in your family is faced with family court, don’t assume the case is open-and-shut. At Seibert Law and Mediation, we examine every angle to fight for the best possible outcome.
Contact Seibert Law and Mediation for a confidential consultation. If you need help, reach out to speak to us at (843) 554-0686 or via text at (843) 594-2101. Your defense starts today with understanding how your case begins. You don’t have to face a family court matter alone.
Seibert Law and Mediation serves lowcountry South Carolina in: Charleston, Johns Island, West Ashley, James Island, Daniel Island, Mount Pleasant, Summerville, Goose Creek, Moncks Corner, and surrounding communities as well as upstate South Carolina in Spartanburg and Greenville, and surrounding communities.