What are the procedures for a change in custody or visitation?

If a parent wants to modify the custody or visitation arrangement in South Carolina, they must first file a petition with the court. The petition should include the names and addresses of both parties, the reason for the requested change, and any proposed changes to the existing arrangements. Once the petition is filed, it must be served to the other parent. They must then file a response and attend a court hearing. The court may decide to issue a temporary or permanent order based on the facts of the case. In South Carolina, both parents are encouraged to negotiate a mutual agreement that will be formalized into a court order. If agreement cannot be reached, the court may appoint a guardian ad litem to investigate the case and make a recommendation to the court. At the hearing, the court will hear testimony from both parties and any witnesses. The judge may then issue an order to modify or enforce the original custody arrangement. The judge takes into consideration the best interests of the child in making the decision. In most cases, custody and visitation may be modified, if one or both parties can demonstrate a substantial and material change in circumstances. This change must be in the best interests of the child.

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