Joint vs. Sole Custody in South Carolina: Is There a Presumption of Equal Time?
South Carolina names no presumption of joint custody or equal time: the court decides on the child’s best interest on seventeen factors and must consider all options, including joint custody, when a parent seeks it. The tender years preference is abolished.
Is joint custody presumed in South Carolina?
No. The court makes the final custody determination in the best interest of the child, may award joint custody to both parents or sole custody to either, and if custody is contested or either parent seeks joint custody it shall consider all custody options and state its reasoning in the final order (S.C. Code 63-15-230).
What does joint custody mean in South Carolina?
Both parents have equal rights and responsibilities for major decisions about the child’s education, medical and dental care, extracurricular activities and religious training, though a judge may give one parent sole authority over specific decisions; sole custody gives one person the rights and responsibilities for major decisions (63-15-210).
What are the best-interest factors in South Carolina?
Among seventeen: the child’s temperament and developmental needs; each parent’s capacity and disposition to meet them; the child’s and the parents’ wishes; the child’s relationships with each parent, siblings and others; each parent’s encouragement of the other relationship; manipulation or disparagement; each parent’s ability to be involved; the child’s adjustment; stability of the homes; health; cultural and spiritual background; abuse or neglect; domestic violence; whether a parent has relocated more than 100 miles in the past year unless for safety; and other factors the court needs (63-15-240(B)).
Is there a preference for mothers in South Carolina?
No. The tender years doctrine, the preference for awarding a mother custody of a child of tender years, is abolished (63-15-10).
Does the child’s preference count in South Carolina?
Yes. The court must consider the child’s reasonable preference and gives it weight based on the child’s age, experience, maturity, judgment and ability to express a preference (63-15-30).
How does domestic violence affect custody in South Carolina?
The court must give weight to evidence of domestic violence, including physical or sexual abuse and which party was the primary aggressor, and a victim who is not the primary aggressor who leaves the home is not, absent other factors, to be denied custody on that ground (63-15-40). A visitation order for a perpetrator requires adequate provision for safety (63-15-50).
Can a non-parent seek custody in South Carolina?
A de facto custodian, a person shown by clear and convincing evidence to have been the child’s primary caregiver and financial supporter for six months or more if under three, or a year or more if three or older, has a statutory status (63-15-60).
Do parents get equal access to records in South Carolina?
The article gives parents equal access to the child’s educational and medical records (63-15-260) and provides for reasonable telephonic and electronic communication with the noncustodial or other parent where in the child’s best interest (63-15-250).
Can the parenting plan be updated in South Carolina?
Yes. At the final hearing either party may file an updated parenting plan for the court’s consideration (63-15-220(B)).
How does custody connect to support in South Carolina?
The schedule sets the overnights that child support uses. Count your schedule with the South Carolina parenting time calculator and run the South Carolina child support calculator.
Frequently asked questions
Does South Carolina favor joint custody?
No presumption either way; the court considers all options if joint custody is sought.
How does South Carolina decide custody?
In the child’s best interest on seventeen listed factors.
Does South Carolina prefer mothers or fathers?
No. The tender years doctrine is abolished.
Does domestic violence affect South Carolina custody?
Yes. The court must give weight to it, and it is a listed factor.
Can a South Carolina child choose a parent?
The child’s reasonable preference must be considered and weighed by age and maturity.
Official sources
- S.C. Code 63-15-230: final custody determination
- S.C. Code 63-15-240: custody order contents; best interest of the child
- S.C. Code 63-15-220: parenting plans
- S.C. Code 63-15-40: domestic violence
- Regulation 114-4710 to 114-4750: child support guidelines
- S.C. Code 63-15-10: tender years doctrine abolished
- S.C. Code 63-15-210: definitions
- S.C. Code 63-15-30: child’s preference
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited South Carolina statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed South Carolina attorney.