English
EspañolHow will a judge make a decision about custody?
The judge will make a custody decision based upon the best interests of the child, considering several factors such as:
- the circumstances of the parents;
- the nature of the case;
- the best spiritual and other interests of the child;1
- the religious faith of the parents and child;2
- the child’s preference for custody based upon the child’s age, experience, maturity, judgment and ability to express a preference;3 and
- any evidence of domestic violence as defined in section 16-25-20 of the law or in section 16-25-65 of the law, including physical or sexual abuse, and considering which parent was the “primary aggressor.”4
The judge cannot deny custody to a victim of domestic violence based only on the fact that the victim left the home or relocated.5
1 S.C. Code § 20-3-160
2 S.C. Code § 63-15-20
3 S.C. Code § 63-15-30
4 S.C. Code § 63-15-40(A)
5 S.C. Code § 63-15-40(B)
If I move to a new state, can I transfer my child custody case there?
After a final custody order is issued, there may come a time when you and your children move to a different state. For information about how to request to transfer the custody case to a new state, please go to the Transferring a custody case to a different state section in our general Custody page. However, it’s important to keep in mind that you may likely first need to get permission from the court or from the other parent to move your children out of state. Please talk to a lawyer to make sure your plans to move don’t violate your custody order or your state’s parental kidnapping laws.
Where can I find more information on custody in South Carolina?
We hope the following links to outside sources may be helpful.
- South Carolina Bar provides highlights some specific laws that relate to child custody and has information on child support and guardians ad litem.
- The South Carolina Judicial Branch has links to court forms, such as child support forms, and a frequently asked questions section about family law.
WomensLaw.org is unrelated to the above organizations and cannot vouch for the accuracy of their sites. We provide these links for your information only.
