In cases in which parents cannot come to an agreement on a visitation schedule, it is left to a judge’s discretion. When a visitation schedule is issued by the court, parents are legally obligated to follow it.
Many people may not be aware that a child cannot refuse visitation until 18 years of age. However, the court may give precedence to a child’s preference when he or she is 15 or 16 years old. It is ultimately up to the judge to determine visitation terms.
In this blog, our South Carolina child custody attorneys discuss visitation laws in the state and the factors a court examines in determining a visitation schedule.
Custody and Visitation Laws in South Carolina
In South Carolina, the court will generally give visitation rights to the non-custodial parent. In situations when custody is disputed, both parents must submit a parenting plan. A parenting plan details each parent’s preference regarding the amount of time they would like to spend with their child and how major decisions should be handled. A judge will take this under consideration when determining the physical and legal custody of a child.
Generally, if one parent is granted sole physical custody, then the other parent will be given visitation rights. Judges do feel that it is in a child’s best interest to have access to both parents unless the non-custodial parent’s involvement could potentially be detrimental to the child’s well-being.
Factors That Determine Visitation Schedule
In finalizing visitation arrangements, a judge will take under advisement the following factors:
- The age of the child or children
- The visiting parent’s relationship with each child
- The home environment of both the custodial and non-custodial parent
- If the child has any physical or emotional health concerns
Best Interests of the Child
Each family situation is unique. The court will consider several aspects of a child’s needs and their relationship with each parent before issuing a custody order. This is known as the best interests of the child standard, and it includes:
- The developmental needs of the child
- Each parent’s ability to understand their child’s needs
- Each child’s preference
- Each parent’s wishes regarding custody arrangements
- Past and current relationship between the child and each parent
- The actions of each parent in encouraging a relationship between the child and other parent
- If one parent disparages the other parent in front of the child
- Whether either parent has a history of domestic violence
- The stability of the child’s current and proposed residences
- If either parent has moved 100 miles or further from the child’s primary residence in the past year
Speak with a South Carolina Child Custody Attorney Now
Navigating child custody in South Carolina can be confusing, creating additional stress for you and your family. At Query Sautter & Uricchio, LLC, our South Carolina custody attorneys are only interested in doing what is best for the needs of your family. If you have any questions about child custody, please reach out to us online or by phone.