For parents who have young kids or teenagers, a divorce or separation can be especially difficult. Getting a custody order or agreement in place can bring some relief. Of course, life changes. In South Carolina, child custody agreements can be modified to address these changes. Here, our Charleston child custody lawyers explain how custody arrangements can be changed in South Carolina.
A Custody Agreement May Be Altered for a Substantial and Material Change in Circumstances
As long as a child is still a minor, a custody agreement/custody order is subject to change. However, courts presume that an active custody arrangement is in the best interests of the child. Under South Carolina law, a custody agreement may be modified if there is a substantial and material change in circumstances affecting the child’s well-being. Here are some examples of circumstances that could warrant a change in a custody agreement in South Carolina:
- A major change in a parent’s work schedule;
- The relocation of a parent;
- A change in the child’s educational or medical needs; and
- New evidence of abuse, neglect, or parental unfitness.
Two Ways to Modify Child Custody Arrangements in South Carolina
How do you modify a child custody agreement in Charleston? It needs to be done by the court through the proper formal process. There are effectively two options for making changes:
- Parental Agreement (Easier Option): In South Carolina, parents may modify a child custody arrangement through a mutual agreement. If both parents agree that a custody change is in the best interests of the child, they can draft a written modification agreement that outlines the new terms. While the agreement must be approved by the court to be enforceable, South Carolina judges give parents broad discretion when they can agree.
- Court Order (May Be Required): If parents cannot agree on custody modifications, one parent may file a petition with the family court requesting a change. To succeed, the requesting parent must demonstrate a substantial and material change in circumstances that directly affects the child. Beyond that, they must also prove that their proposed change is in the best interests of the child.
South Carolina is a Best Interests of the Child State (Relevant in Modification Cases)
Under South Carolina law (SC Code § 63-15-240), all custody cases—including requests for modification of a custody order/agreement—must be handled with consideration as to the best interests of the child. The court will only approve a change if it is deemed best for the health, safety, and overall well-being of the child. That is the primary priority of the court.
Contact Our Charleston, SC, Child Custody Lawyer Today
At Query Sauter & Associates, LLC, our Charleston child custody lawyers are standing by, ready to help you navigate all aspects of your modification cases. If you have any questions or concerns about the process for changing a child custody arrangement, please do not hesitate to contact us today for a fully confidential consultation. With an office in Charleston, we handle child custody cases throughout the wider region of South Carolina.