If you are granted sole or joint custody of your child in Greenville, South Carolina, you may be wondering whether it is feasible to modify existing custody and child visitation arrangements in light of your family’s changing and present circumstances.
In the state of South Carolina, child custody modification is possible, but it can only be done by satisfying strict court requirements. If you are planning to request for a change in child custody orders or a child visitation schedule, you have to be prepared to submit a parenting plan and subject the contestation to the court’s preliminary and final hearings.
Pertinent Child Custody Laws in Greenville, South Carolina
Child custody matters in the state of South Carolina are supervised by the South Carolina Children’s Code of the South Carolina Code of Laws. The state may award joint custody or sole custody of a child to both parents or to a parent (or another person, such as a relative, deemed more suitable for the child in specific circumstances), respectively.
In a child custody modification, a parent may either fight for sole custody or alter the present custody setup into a joint custody arrangement. Once this modification is done, the child visitation schedule may also change.
Presently, South Carolina no longer abides by the “Tender Years Doctrine”, whereby an infant or a minor is preferentially awarded to the mother in the fight for custody. Some of the factors that affect both child custody and child custody modification in Greenville, South Carolina are similarities in religious faith, the child’s own preference for custody, and any instance of domestic violence specifically toward a minor child.
In instances where the child is placed in the custody of another individual or institution, they must be placed with an individual who has the same religious faith or with an individual or institution that practices the same religious faith as the child’s parents. If the child expresses any desire to be in the custody of one parent, or both, or another individual, this preference will also be highly considered by the court in Greenville, South Carolina.
Child custody modification and changes to the existing child visitation schedule take place when there is a desire for one parent or both parents to contest the present custodial setup. In this particular case, the South Carolina Family Court Study Committee shall assess the outcome of the parenting plan or plans proposed by each or both parents.
Factors Affecting Child Custody Modification in Greenville, South Carolina
A child may either be held in sole custody by one parent, individual or institution, or they may be held in joint custody by both parents. In contesting an existing child custody arrangement, each of the parents will have to submit a parenting plan to the court. It is only after evaluating the parenting plans that the court will determine a temporary and final custody order, which will primarily take into account the best interests of the child.
Child Visitation Schedule Changes in Cases of Court Non-Jurisdiction
A change to the child visitation schedule can be done if the court in South Carolina does not have any jurisdiction to address the modification request of an existing child custody arrangement.
If another state has already specified a custody order, the court in South Carolina may enforce the visiting schedule imposed along with the existing custody order by another state.
The court may also determine a child visitation schedule if the child custody order of another state does not specify any existing visitation plan.
Consult Greenville Family Law for Your Child Custody Modification Concerns
Given the various laws and conditions which affect the successful outcome of a child custody modification, navigating child custody concerns can be challenging. This is where you can benefit from the trusted help of a child custody and family lawyer in Greenville, South Carolina.
If you are seeking to consult or address any of your child custody modification and child visitation schedule concerns through legal means, talk to us at Greenville Family Law. We will review your preferences according to existing state laws on child custody and determine the best possible course of action for you.
Matters that concern child custody modification and child visitation schedules in Greenville, South Carolina can be challenging to navigate, especially for a parent who only wants the best for his or her child. Talk to us at Greenville Family Law for your free consultation today.