How does a court decide who gets custody of the children in a divorce?

In South Carolina, courts decide who gets custody of the children in a divorce by taking into account the best interests of the child. There is no presumption that either party has a greater right to custody. The court will consider the age and sex of the child, the physical and mental condition of each parent, the attitude of each child towards each parent, the degree of attachment the child has to his or her home, school, and community, the capacity and the disposition of the parents to provide the child with food, clothing, medical care, and other necessary care, and any other factors the court deems appropriate. The court may also consider the wishes of the child if they are developmentally appropriate. The court will appoint a guardian ad litem to represent the child’s best interests. The guardian ad litem will investigate the facts, interview the parties, and interview relevant witnesses and other sources to determine the best interest of the child. The court can award primary physical custody to one parent with visitation rights to the other parent, joint physical custody to both parents, or sole physical custody to one parent. The court will also determine how the parents will make decisions about the child’s education, healthcare, and religious upbringing and whether either parent will be awarded child support. The court can also impose restrictions on a parent’s visitation to protect the best interests of the child.

Related FAQs

What is the difference between an uncontested and contested divorce?
What is a postnuptial agreement?
What is a divorce decree?
How does jurisdiction affect a divorce?
Who pays for the divorce?
How is legal custody determined?
How is property divided in a divorce?
What is a default divorce?
What is a mediation divorce?
How can I get a copy of my divorce decree?

How does a court decide who gets custody of the children in a divorce?

Related FAQs

Related Blog Posts