Child Custody Laws in South Carolina

The family court makes the final custody decision in the best interest of the child and may award joint custody to both parents or sole custody to either parent; if custody is contested or joint custody is requested, the court must consider all options including joint custody and explain its reasoning. Best-interest factors include the child's temperament and developmental needs, each parent's capacity to meet those needs, the preferences of each child, the parents' wishes, the child's relationships (including with grandparents), each parent's support for the child's relationship with the other parent, manipulation or disparagement, each parent's involvement, adjustment to home, school and community, stability, health, cultural and spiritual background, abuse or neglect, domestic violence, and recent relocation. The statute does not set an age for the child's preference.

In a divorce case, the Family Court may make orders on the custody of the children at any stage of the case. Where there is domestic abuse, a person can petition the Family Court for an order of protection; for good cause, the court may hold an emergency hearing within 24 hours after the petition is served, and a prima facie showing of immediate and present danger of bodily injury (which can be supported by affidavits) counts as good cause. If no emergency hearing is held, the court must grant a hearing within 15 days of filing. After a hearing, an order of protection can award temporary custody and temporary visitation for minor children living in the home.

The family court has authority to require parties to take part in court-mandated mediation under the Family Court Mediation Rules (the self-help divorce packet includes a mediation Certificate of Exemption form). A statewide parenting class requirement was not found in the statutes reviewed.