Child Custody and Visitation

Who Can Get Custody?

If the parents are not married...

In South Carolina, unwed mothers have sole legal custody of their children by law, which will only change if a family court gets involved.

Unwed fathers may ask the court for rights of visitation or custody.

If the parents are married...

A court will award custody to the most fit parent. The court makes the decision based on what is in the best interest of the child, which includes:

• Who has shown the most responsibility for the child;
• Who has been making major decisions for the child;
• Who is best able to take care of the child;
• The report and investigations of the Guardian ad Litem, a person appointed to represent the best interests of the child;
• The child's preference may also be considered by the court depending on age;
• Other factors the court considers: ages of the parties, health, income, education, parenting styles, and living situation.

What if Both Parties are Fit Parents?

The court may award joint custody to both parents if both parents are fit and able to take care of the child. This impacts both parents’ time with the child and their ability to make decisions.

Who Can Get Visitation?

Grandparents and Third Parties

Grandparents or third parties do not have custody rights over those of a biological parent. Unless proven otherwise, the court presumes that it is in the best interest of the child to be in the custody of a biological parent. Grandparents and third parties may ask the court for visitation or custody if there are special circumstances and it is in the best interest of the child.

What Visitation Rights May the Non-Custodial Parent Have?

The court will determine whether visitation is appropriate based on the facts in each case. If visitation is granted, the court generally looks to provide regular visitation for the non-custodial parent, often every other weekend, several weeks in the summer, and a fair share of school vacations and holidays. Visitation is usually not denied or restricted unless a court determines the denial or restriction of visitation is in a child's best interest.

Can Custody or Visitation by Changed?

The court can revisit custody and visitation. If circumstances change after an order is issued, a party may ask the court for a change in custody or visitation.