Child Custody Disputes in South Carolina

Charleston SC Child Custody Lawyer

When you are going through a divorce there is a great deal of incentive to try to work cooperatively with your former partner when you are deciding on the terms. Negativity is never a good thing, and unless you were in a horribly abusive relationship your ex doesn’t have to be seen as a villain, and if you can part friends, you are both the richer for it. The good news is that most people who are getting divorced do indeed come to an agreement on the terms, but in a small percentage of cases there are points of disagreement and they sometimes involve custody of the children.

It is worthwhile to point out the fact that there are two forms of child custody. There is the physical custody that refers to the child’s primary place of residence. But there is also legal custody, and this involves the power to make decisions in behalf of minor children including things like religious affiliations, medical matters, and what schools to attend. Child custody disputes could involve either or both forms of custody.

According to Chapter 3 of the Code of Laws of South Carolina the custody preferences of the child or children will be given a great deal of consideration by the court depending on their ages and maturity levels. Other factors that the court would consider would include whether or not there had been any acts of domestic violence present, the circumstances that led to the divorce and the dynamic of each potential domicile, and the religious beliefs of the respective parents.

The court can and will render a custody decision based on the above criteria if it is forced to do so, but before the case will be heard the parties may be referred to a third party mediator known as a master or special referee.

For legal advice regarding child custody disputes, contact a Charleston SC family lawyer for a consultation.