How do I file for custody or visitation modification?

In South Carolina, filing for a custody or visitation modification is a lengthy process. It is important to remember that the court’s goal is to determine what is in the child’s best interests. If there has been a significant change in the circumstances of either the child or one of the parents, then the court will consider a modification. To begin the process, you must first file a Petition for Modification of Custody or Visitation with the family court in the county where the child currently resides. The form must be filled out completely with the grounds for modification clearly listed. It is important to provide a clear and accurate timeline of the situation to avoid delays. You will need to include an affidavit and proof of service. The other parent will have an opportunity to respond to the petition. After this, the court will review the documents filed and may request additional information or order a hearing. During the hearing, both parties will present their case and the judge will decide whether to modify the existing child custody and visitation arrangements. It is important to gather as much evidence as possible before the hearing to have the best chance of success. If the modification is approved, the court will issue an order to reflect the change. It is then each parent’s responsibility to follow the order and abide by its terms. If one of the parents fails to do so, they can be held in contempt of court.

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