The most important thing in the world to you is being a part of your child’s life. The moment that you realize you may not be able to see your child daily, you may feel panicked. If you are seeking visitation or other legal rights, you may be wondering what South Carolina’s custody laws are governing same-sex couples. If both you and your partner are the child’s legal parents, then you will have the same rights as heterosexual couples.
Navigating the complexities of child custody laws is never simple. In this blog, our South Carolina family law attorneys discuss the rights of same-sex partners to have access to their children.
Types of Custody Arrangements
South Carolina recognizes four types of custodial arrangements:
Sole Custody
In this arrangement, one parent will be made sole custodian. This parent will have both physical and legal custody of the child. Physical custody means that the child will reside with this parent, and legal custody means that the parent is responsible for making major decisions for the child.
Joint Custody
In this type of arrangement, the primary custodian will typically retain physical custody, with the child generally spending weekends, holidays, or school vacations with the other parent (secondary custodian). The primary custodian is required to speak with the other parent regarding major decisions but will make the final decision if both parents cannot agree. This type of custody arrangement is most often ordered by a judge.
Shared Custody
Shared custody allows the child to spend equal time with each parent. If court-ordered, one parent will often be designated as the primary custodian to make major decisions on behalf of the child. In situations in which neither parent is the primary custodian, conflicts may arise.
Split Custody
In a split custody arrangement, primary legal and physical custody of each child may be assigned to one parent, with primary legal and physical custody of the remaining children being assigned to the other parent. This type of arrangement is most common when there is a large age gap between children.
Best Interests of the Child
When two parents cannot agree on the custodial arrangements for their child, the court must get involved. Under SC Code §63-15-240, the following will be taken into account when determining the best interests of the child:
- The temperament and developmental needs of the child
- Each parent’s ability to care for the child
- The preferences of the child
- The wishes of the parents regarding custody arrangements
- The past and current relationship of the child with each parent, sibling, grandparent, or any person who may impact the best interests of the child
- The actions of each parent in encouraging a continuing relationship with the other parent
- The likelihood of each parent to remain part of the child’s life
- The stability of the child’s existing and proposed residences
- Whether the child or any of the child’s siblings have been abused or neglected
- Whether one parent has a history of domestic violence
- If either parent has relocated more than 100 miles from the child’s primary residence
- Any other factors the court deems relevant
What If I Have Not Adopted My Child?
Establishing parental rights will allow you to remain a part of your child’s life. If you have not adopted your child and are a non-biological parent, then establishing custody will be more complicated. In this situation, you will want to speak with a South Carolina family law attorney to discern the best course of action.
Speak with our South Carolina Family Law Attorneys Now
Following a divorce, you deserve access to your child. If you are battling for custody of your child, you need someone standing up for your parental rights. At Query Sautter & Uricchio, LLC, our South Carolina family law attorneys work tirelessly to make the arrangements that are best for our clients and their children. To learn more or to schedule your consultation, contact us online or by phone.