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What Rules Determine Child Custody in South Carolina?
August 30th, 2022
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News & Politics
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3 minute read
What Rules Determine Child Custody in South Carolina?
Charleston, SC - Child custody is often determined by a number of factors that analyze the character of both parents and their practical ability to raise a child safely. South Carolina uses the same standard as most other states. This is called the best interests of the child, and these rules essentially allow the judge to make important decisions about the best environment for the child to grow up in, and which parent can best meet these needs. However, there are some nuances of South Carolina custody law that makes the application of these rules different from other states. The primary caretakerThe state follows a rule where custody is presumed to be given to the primary caretaker. In many cases, the primary caretaker will have a majority of custody time, while the other parent will have some visitation rights or custody time with the child. The court determines who is given the title of primary caretaker based on the amount of investment by a parent and prior relationship with the child. Other factors that may be used to find the primary caretaker include the parent’s morality, investment in the child’s education, and their physical and mental fitness to be an effective parent. Guardian ad litemIn custody hearings in South Carolina, there is a guardian ad litem appointed to advocate for the child in the early stages. This is a neutral party who can objectively look at the child’s living situation, the character of the parents, and any other relevant information to find the child’s best interests. The guardian will make a recommendation regarding which parent should become the primary caretaker. Protection of minor children
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