What is child custody?

Child custody is the legal authority to make decisions about a child’s health, safety, and welfare. In South Carolina, child custody is generally divided into two categories: legal custody and physical custody. Legal custody is the authority to make decisions about a child’s education, medical care, religious training, and other major decisions. Generally, both parents are granted joint legal custody, which means that both parents must agree on any major decision for the child. If the parents cannot agree, they will need to go to court and ask a judge to make a decision. Physical custody is where the child will actually live. This can be joint custody, meaning that the child will live with both parents, or one parent can be granted sole physical custody. In some instances, the court will grant one parent primary physical custody and the other parent visitation rights. In South Carolina, the court will make any custody decision based on what is in the best interest of the child. Factors the court will consider include the physical and mental health of the child and the parents, any history of domestic violence or substance abuse, and the ability of the parents to provide a stable environment for the child.

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