How is legal custody determined?

In South Carolina, legal custody is determined by the court when a decision is made regarding a divorce. The court will review the best interests of the child or children when making a decision regarding legal custody. This means the court will consider factors such as the child’s age and maturity level, the relationship between the parents, and any physical or mental health issues of parents that may impact the child. When deciding which parent should be granted legal custody, the court may also consider which parent the child is closest to. This includes the parent who is more involved in the child’s activities, such as school and extracurricular activities. The court will also look to provide the child with the most stability during the transition of the divorce. Additionally, if the court finds that joint custody would be in the best interests of the child, it may award joint legal custody to both parents. Typically, legal custody will go to whichever parent is most likely to foster a strong relationship between the children and their other parent. Unless the court finds that it is contrary to the best interests of the child, the court generally prefers to give both parents the opportunity to remain an active and involved parent in the child’s life. However, depending on the circumstances, the court may decide that sole legal custody is in the best interests of the child. In such cases, the court will determine which parent should be the custodial parent and will grant that parent sole legal custody.

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