Hiring a Child Custody Lawyer in South Carolina
How courts in South Carolina decide custody, emergency custody, parenting classes, how to check a lawyer's license, and free or low-cost family law help. We do not recommend or rank lawyers.
What a lawyer costs in South Carolina: fee rules
| Rules on contingency fees | Under South Carolina Rule of Professional Conduct 1.5(c) (Rule 407, SCACR), a contingent fee agreement must be in a writing signed by the client stating how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of any expenses the client will be expected to pay, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement (though a contingency fee may be charged to collect past-due alimony or child support), and contingent fees for defending a criminal case. |
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| If you disagree with a lawyer's bill | The South Carolina Bar's Resolution of Fee Disputes Board (created by Rule 416, SCACR) resolves fee, cost and disbursement disputes between clients and Bar members. It will not take disputes of $50,000 or more or fees that must be approved by a court or other tribunal, and a dispute cannot be filed more than three years after it arose. Apply with the Bar's Application for Resolution of Disputed Fee, attaching copies (not originals) of supporting documents. For low-level misunderstandings not involving ethics violations, the Bar's Client Assistance Program can help. Rule 416 limits: https://www.sccourts.org/resources/judicial-community/court-rules/appellate/rule-416/rule-2/ |
| If a lawyer takes your money | The South Carolina Bar's Lawyers' Fund for Client Protection (Rule 411, SCACR) reimburses losses caused by a Bar member's dishonest conduct when the lawyer has died, been disbarred or suspended, resigned, been declared incompetent, gone bankrupt, left the state or cannot be found, or become a judgment debtor for that conduct. Payments are a matter of grace, not right, up to $40,000 per claim and $200,000 total per attorney. The application must reach the Bar within three years after you discovered (or should have discovered) the dishonest conduct, and no application is considered more than six years after the conduct. Application: https://www.scbar.org/for-the-public/quicklinks/help-with-your-attorney/ |
South Carolina rules to know first
| How custody is decided | 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. Source: S.C. Code 63-15-230; 63-15-240 |
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| Emergency custody | 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. |
| Parenting classes | 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. |
| Grandparents' rights | The family court may order grandparent visitation when one or both parents have died, are divorced, or live separately, if it finds the parents are unreasonably denying visits (including denial for more than 90 days), visitation would not interfere with the parent-child relationship, and either the parents are unfit or there are compelling circumstances, shown by clear and convincing evidence, to overcome the presumption that the parents' decision is in the child's best interest. Source: S.C. Code 63-3-530(A)(33) |
Find and check a lawyer
| Lawyer referral service | The South Carolina Bar's Lawyer Referral Service (LRS) connects you with a lawyer by type of law and location. Call (803) 799-7100 (9 a.m.-noon and 1-5 p.m., Monday-Friday) or use the online referral service 24/7. Each participating lawyer agrees to charge no more than $50 for a 30-minute consultation; beyond that, or if you hire the lawyer, normal fees apply. LRS lawyers do not take pro bono cases. |
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| Check that the lawyer is licensed | The South Carolina Judicial Branch's attorney search lets you search for attorneys licensed to practice law in South Carolina by first name, last name or bar number; a successful search gives the attorney's name, phone number, address and email address. |
| Check discipline history or file a complaint | Complaints about South Carolina lawyers go to the Supreme Court's Office of Disciplinary Counsel (ODC); the South Carolina Bar does not license, investigate or discipline attorneys. A complaint must be in writing and signed by the person making it, fully identify the lawyer, describe what happened in detail with copies of supporting documents, and include your contact information; the ODC form is optional. File by mail to Office of Disciplinary Counsel, Post Office Box 12159, Columbia, SC 29211, or by hand delivery to 1220 Senate Street, Suite 201, Columbia, SC 29201. Email is not accepted. |
Free legal help
| Free legal aid | People who cannot afford a lawyer may qualify for help from South Carolina Legal Services, which offers an online intake form (through LawHelp.org/SC) to check eligibility for legal aid. The SC Bar also points to SC Free Legal Answers, a virtual clinic where qualifying users can post civil legal questions to volunteer lawyers. LSC lists South Carolina Legal Services as its South Carolina grantee. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in South Carolina
Last verified against official sources: October 27, 2026.
How we source this page: each state-specific rule links to the statute, court rule or official government page it comes from. A rule taken from a public copy of a state code (used only where the official code is not freely readable online) is marked as a secondary source. Spot an error? Use the contact page to report it. About our sources
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.