Child Custody

Child Custody Lawyer in Charleston, SC

Protecting Your Parental Rights and Your Child's Best Interests in South Carolina

Child custody disputes are among the most emotionally challenging aspects of divorce or separation. At Seibert Law Firm, we understand that your children's well-being is your top priority, and our Charleston child custody lawyers are committed to helping you navigate this difficult time with compassion and skill.

Whether you're facing an initial custody determination, seeking a modification of an existing order, or dealing with relocation issues, we provide the experienced legal representation you need to protect your parental rights and your child's best interests. Our testimonials speak volumes about our firm’s commitment to supporting our clients.

Call us today at (843) 428-6360 or contact us online to schedule a consultation with our child custody attorneys.

Types of Child Custody in South Carolina

Understanding the different types of custody is essential when navigating a child custody case. In South Carolina, custody is divided into two main categories: legal custody and physical custody.

Legal Custody

Legal custody refers to the right and responsibility to make important decisions about your child's upbringing, including education, healthcare, religious upbringing, and extracurricular activities. Legal custody can be awarded solely to one parent or jointly to both parents.

Physical Custody

Physical custody determines where the child will primarily reside and which parent will be responsible for day-to-day care. Physical custody can be sole or joint, with the child's time shared between both parents according to a custody schedule.

Factors Courts Consider in Custody Determinations

When determining child custody arrangements, South Carolina family courts prioritize the best interests of the child above all else. Judges evaluate numerous factors to ensure that the custody arrangement supports the child's physical, emotional, and developmental needs.

Key factors include:

The Child's Relationship with Each Parent: Courts assess the quality of the relationship between the child and each parent, including emotional bonds and the level of involvement in the child's life.
Each Parent's Ability to Provide Care: The court evaluates each parent's ability to meet the child's physical, emotional, and educational needs, including providing a stable home environment.
The Child's Preference: Depending on the child's age and maturity level, their preferences may be considered by the court.
Each Parent's Physical and Mental Health: The mental and physical health of both parents is examined to ensure they can adequately care for the child.
Stability and Continuity: Courts favor arrangements that provide stability in the child's living situation, schooling, and community connections.
History of Domestic Violence or Substance Abuse: Any evidence of domestic violence, child abuse, or substance abuse is taken very seriously and can significantly impact custody decisions.

Modifying Child Custody Orders

Life circumstances change, and sometimes an existing custody order no longer serves the best interests of the child. South Carolina law allows for the modification of custody orders when there has been a substantial change in circumstances. Our Charleston child custody attorneys can help you petition the court for a modification and present compelling evidence to support your request.

Contact Our Child Custody Attorneys Today

At Seibert Law Firm, we recognize that child custody cases require not only legal expertise but also sensitivity to the emotional complexities involved. Our Charleston family lawyers are dedicated to advocating for your parental rights while keeping your child's best interests at the forefront of every decision.

We work closely with you to develop a custody strategy that reflects your unique family situation and goals. Whether through negotiation, mediation, or litigation, we are prepared to fight for the custody arrangement that serves your family best.

Ready to protect your parental rights? Call (843) 428-6360 today or contact us online to discuss your case.

Frequently Asked Questions

What is the difference between legal and physical custody?

Legal custody involves the right to make major decisions about your child's life, such as education and healthcare choices. Physical custody determines where the child lives and who provides daily care. Parents can share both types of custody, or one parent may have sole custody in either category.

Can a child decide which parent they want to live with?

While South Carolina courts may consider a child's preference, especially as they get older and more mature, the child does not have the final say. The judge will weigh the child's wishes along with many other factors to determine what arrangement truly serves the child's best interests.

How long does a child custody case take in South Carolina?

The timeline varies depending on whether parents can reach an agreement or if the case goes to trial. Uncontested cases where parents agree on custody terms can be resolved in a few months, while contested cases that require court hearings may take six months to a year or longer.

Can I modify a custody order if my ex-spouse relocates?

Yes, relocation is often considered a substantial change in circumstances that may warrant a custody modification. If your ex-spouse plans to move a significant distance away, you can petition the court to review and potentially modify the existing custody arrangement to ensure it still serves your child's best interests.

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