If your South Carolina child custody case cannot be resolved through simple negotiations between you and the other parent, your case may need to go before the Court.
What will the Court need to make a fair and effective decision about your child’s welfare?
The Court primarily cares about what’s in the child’s best interest. The Court does care about what you and the other parent need. But it is far more interested in what’s best for the child. While making custody decisions, the Court will look at a litany of factors, such as:
- The history of care giving: who in your family has provided the “primary care” for your son or daughter?
- Your child’s age, gender, and health;
- Any evidence or history of domestic violence, drug abuse, or other criminal behavior;
- The health, competency and resources of each parent;
- The ability of each parent to provide nurturance, food, clothing, medical care, guidance, and support;
- The child’s relationship with both you and the other parent. (What are the emotional connections between the child and the parents? How strong are they? Etc.)
- If the child is old enough and mature enough, the Court will consider his or her preferences;
- The routines that the child does on a daily basis, such as school, service, community activity, sports, etc.
- Whether a parent expresses willingness to ensure that child has a healthy relationship with the other parent. (In general, the more you strive to meet the other parent’s needs for connection with your child, the more favorably the Court will look upon your own case!)
Splitting up a child’s time can be challenging and emotionally complex. Fortunately, you don’t have to struggle to understand your rights and negotiate on your own. The team here at the Toussaint Law firm, PC would be happy to provide a free, confidential consultation and help you through this difficult process. Remember, when it really matters, call us.