In South Carolina, the Family Court has jurisdiction over, among other things, custody of children of married people, formerly married people, and never married people. What is important to remember when engaged in a custody matter (whether married or not) is that the Family Court is concerned with what is in the best interest of the child/children. The child/children are the primary and controlling consideration in the Family Court when the court is faced with a child custody controversy. In some cases the court will grant one parent custody and the other parent anywhere from no visitation to extensive visitation. In other cases the court will grant joint custody to both parents, and define the rights and obligations that each has to the other and to the child. In determining the best interest of the children, the court considers things such as: who has been the historical primary caretaker; the character, fitness, and attitude of each parent; psychological, physical, environmental, spiritual, educational, medical, emotional, and recreational aspects of each child’s life; bad behavior by a parent or parents, where the conduct is detrimental to the welfare of the child; and many other factors. The court will not consider gender or race in making a determination. Further, the “Tender Years Doctrine,” the idea that small children need to be with their mothers, has been abolished by our state.
In the end each custody matter is unique, and it takes dedicated and experienced family law attorneys to represent your interest.
If you have questions about custody or family law, call the Spartanburg custody lawyers at Holland & Usry toll free at 888-230-1841 or 864-582-0416 to schedule a consultation to discuss your case.