When parents separate or divorce in South Carolina, determining child custody is one of the most important decisions the court must make. The guiding principle in all child custody cases is the best interest of the child. Several factors are considered to ensure that the custody arrangement benefits the child's overall well-being. At Lowcountry Legal Solutions, LLC, we assist the South Carolina public with family law matters, including child custody, ensuring that your rights as a parent are protected while prioritizing your child’s needs.

Types of Child Custody in South Carolina

South Carolina recognizes two main types of custody:

1. Physical Custody: Refers to where the child will live and which parent will provide daily care.
2. Legal Custody: Refers to the authority to make important decisions about the child's life, including education, healthcare, and religious upbringing.

Both physical and legal custody can be shared (joint custody) or awarded to one parent (sole custody), depending on the circumstances.

Factors Considered in Determining Custody

In South Carolina, the court evaluates several factors to determine what arrangement is in the best interest of the child, including:

1. The Child’s Age and Needs: The court considers the age and developmental needs of the child, ensuring that the custody arrangement supports their health and emotional well-being.
2. The Child’s Relationship with Each Parent: The strength and quality of the child's relationship with each parent play a crucial role. The court will assess which parent has been the primary caregiver and who can provide a stable environment.
3. Parental Cooperation: The willingness of each parent to support the child’s relationship with the other parent and their ability to communicate effectively about the child’s welfare is taken into account.
4. Parental Fitness: The physical and mental health of each parent is considered. The court may also evaluate any history of substance abuse, domestic violence, or neglect that could affect the child’s safety.
5. The Child’s Preferences: If the child is old enough and mature enough to express a preference, the court may take the child's wishes into account, though this is only one factor among many.
6. Work Schedules and Living Arrangements: Each parent’s ability to provide for the child’s daily needs and maintain a stable home environment is considered.

Joint Custody vs. Sole Custody

South Carolina courts typically favor joint custody arrangements when both parents are able and willing to participate in raising the child. However, sole custody may be granted to one parent if it is determined to be in the child's best interest, especially in cases involving parental unfitness or unsafe living conditions.

How Lowcountry Legal Solutions, LLC Can Help

At Lowcountry Legal Solutions, LLC, we understand that child custody decisions can be emotionally charged and legally complex. Our experienced family law attorneys are committed to guiding you through the custody process with compassion and clarity, ensuring that your child’s best interests are at the forefront.



If you are facing a child custody matter in South Carolina, contact Lowcountry Legal Solutions, LLC today for personalized legal assistance. We are here to help you protect your rights and secure the best possible outcome for your family.