How is the “best interests of the child” determined in cases of custody and visitation?

In South Carolina, the “best interests of the child” is determined in cases of custody and visitation by the court system. The court looks at a variety of factors when making a decision. These include the wishes of the parents, the relationship of the grandparents with the child, and the physical, emotional, environmental, educational, and welfare needs of the child. The South Carolina Supreme Court has found that grandparents can contribute to a child’s welfare in significant ways. When it comes to determining the best interests of the child, the court is responsible for considering the views of all potential parties who have an interest in the child’s welfare. The court is required to make a finding that the visitation requested by the grandparents is in the best interest of the child and is not detrimental to the child. The court will also consider the ability of the grandparents to provide a safe environment for the child. When making its decision, the court must consider the rights of the parents as well as the grandparents. Generally, the court will recognize the parental rights as paramount. However, if the court finds that it is in the best interests of the child, the court may give grandparents visitation rights. A family law attorney can provide more information about the court’s process for determining the best interests of the child in these cases.

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How is the “best interests of the child” determined in cases of custody and visitation?

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