How 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)