Custody

The judge must take into consideration any evidence of domestic violence, as defined in section 16-25-20 of the law or in section 16-25-65 of the law, when making a custody decision. The judge will consider physical or sexual abuse as well as which parent was the “primary aggressor.” In addition, the judge cannot deny custody to a victim of domestic violence based only on the fact that the victim left the home or relocated.¹ However, there are other factors that the judge will consider when making a custody decision. Therefore, the fact that a parent committed domestic violence does not necessarily mean that s/he will be denied custody.

Visitation by the parent who committed violence may be allowed, but only if the judge believes that proper measures can be taken to ensure the safety of both you and your child. The judge can prohibit or limit visitation based on a motion of one of the parties or based on the judge’s own decision. Here are some things the judge could include in a visitation order:

• that the transfer of your child from one parent to another occur in a protected setting;
• supervised visitation by another person or agency with the costs paid by the abuser;
• that the abuser has to attend and complete an intervention program for offenders or other counseling as a condition of the visitation;
• that the abuser cannot drink or do drugs during the visitation and for twenty-four hours before the visitation;
• that overnight visitation is not allowed;
• that the abuser post a bond (money) for the return and safety of the child if s/he has made a threat to illegally keep the child; and
• require any other condition that is considered necessary to provide for the safety of the child, the victim of domestic violence, and any other household member.²

If visitation is not allowed or is limited to protect a child or parent who is a victim of domestic violence, the judge may order the address of the child and the victim to be kept confidential.³

Note: If a judge in the general sessions, magistrates, municipal, or family court determined that a parent committed domestic violence, that parent will be ordered to pay the cost of any medical or psychological treatment needed by the child if s/he was physically or psychologically injured as a result of the domestic violence.⁴

It is recommended that you seek legal advice from a lawyer to assist you in a custody case involving domestic violence issues. For information on how to find a lawyer, see our SC Finding a Lawyer page.

¹ S.C. Code § 63-15-40
² S.C. Code § 63-15-50(B), (C), (D)
³ S.C. Code § 63-15-50(E)
⁴ S.C. Code § 63-15-50(F)