The best interests of the child standard governs South Carolina custody cases. Judges in Greenville, SC are obligated to consider this above all else when rendering decisions. It’s not always a clear standard to parents who will be litigating custody issues in court. But understanding this guideline will help parents prepare as they work with their lawyers and anticipate their court dates.

SC Code §63-15-240(B) lays out several factors that a court may consider in determining a child’s best interest. They include but are not limited to:

(1) the temperament and developmental needs of the child;

(2) the capacity and the disposition of the parents to understand and meet the needs of the child;

(3) the preferences of each child;

(4) the wishes of the parents as to custody;

(5) the past and current interaction and relationship of the child with each parent, the child’s siblings, and any other person, including a grandparent, who may significantly affect the best interest of the child;

(6) the actions of each parent to encourage the continuing parent-child relationship between the child and the other parent, as is appropriate, including compliance with court orders;

(7) the manipulation by or coercive behavior of the parents in an effort to involve the child in the parents’ dispute;

(8) any effort by one parent to disparage the other parent in front of the child;

(9) the ability of each parent to be actively involved in the life of the child;

(10) the child’s adjustment to his or her home, school, and community environments;

(11) the stability of the child’s existing and proposed residences;

(12) the mental and physical health of all individuals involved, except that a disability of a proposed custodial parent or other party, in and of itself, must not be determinative of custody unless the proposed custodial arrangement is not in the best interest of the child;

(13) the child’s cultural and spiritual background;

(14) whether the child or a sibling of the child has been abused or neglected;

(15) whether one parent has perpetrated domestic violence or child abuse or the effect on the child of the actions of an abuser if any domestic violence has occurred between the parents or between a parent and another individual or between the parent and the child;

(16) whether one parent has relocated more than one hundred miles from the child’s primary residence in the past year, unless the parent relocated for safety reasons; and

(17) other factors as the court considers necessary

These guidelines make it clear that every child custody case must be decided on its own merits. There is no one-size-fits-all rule because every child, and every family unit, is different. Parents in Greenville, SC seeking custody and visitation should let their attorney know of all relevant facts in their case. A judge will want to make sure that the custody arrangement you want is in the best interests of the child. Your child custody attorney will focus on the evidence which both helps and hurts your position with respect to this.

There are some other principles that a parent should keep in mind when litigating a custody or visitation action. First, there is no presumption that either the mother or the father in Greenville will be a better parent. Instead, S.C. Code § 63-5-30 recognizes that both parents are equally charged with caring for their minor children. In addition, both parents have equal “power, rights, and duties,” and equal access to the child’s records and information. Unless an order prohibits a parent from doing so, either one may participate in the child’s school activities.

Also, South Carolina treats children born out of wedlock differently than those born to married parents. Custody of an illegitimate child rests solely with the natural mother unless she has relinquished her parental rights. The father must first petition for an order to establish his paternity. This will then allow him to seek custody and visitation rights.

Let a Greenville Child Custody Attorney Work for You

Every custody case is different, and requires rigorous examination of the facts. Regardless of where you are in your custody case, an experienced family law attorney can help you. Your attorney will prepare arguments as to why your desired custody or visitation is in best interests of the child. Let the team at Greenville Family Law help you today.

Parental visitation should be a time of enjoyment between parent and child. In many cases, however, emotions, bitterness, and other problems tied into the domestic case still loom over both parents. A father or mother who once saw their child any time now has rules and schedules to follow. Meanwhile, the party with custody will still have to see the visiting parent at pick-ups, drop-offs, and other events. Whether you have custody or visitation, these are some tips for how to make the most of this new arrangement.

1. Leave the court case where it belongs: in court

Visitation is no time for either parent to dig up the past or resolve major present difficulties. If you’re a parent with visitation, the time with your child will likely be limited or perhaps even restricted. You have a schedule which gives you only so many days of the week or holidays to see your child. There’s no sense in wasting this precious time with arguments that are better left to a Greenville, SC courtroom.

In fact, getting into an argument with the other parent will likely backfire. You can expect to hear from that parent’s lawyer if you fight, even if the other parent started it. Eventually, the judge may hear about it too. Don’t give the other parent ammunition to use against you in your domestic case. Stay calm, and if conflict arises try to defuse the situation as quickly as possible. If this is not possible, or if the other parent is intentionally interfering with your custody, contact your Greenville child custody attorney immediately.

2. Keep an eye out for problems (but bring them up later)

If you’re the visiting parent, be on the lookout for any problems when you exchange your child. When you show up at the custodial parent’s house, make a mental note of any unsafe or unsanitary conditions. Perhaps the custodial parent is consistently running late when you show up to get your child. This could be a problem worth raising to your Greenville child custody attorney. The same tip applies to the custodial parent. He or she should make note of any inappropriate behavior or condition on the part of the visiting parent.

In some cases there may be evidence of seriously harmful behavior such as drug use or violence. Obviously, if there’s an immediate threat to your child’s safety or well-being, alert authorities as appropriate. Also notify your Greenville child custody attorney.

3. Use your visitation time, and use it wisely

At some point in your case, you’ve told your lawyer or the judge how much time you want. You will have the chance be heard on this prior to being awarded visitation. You should also make it known how much time you can realistically handle. Many Greenville, SC parents complain that they haven’t been given enough time to see their children. However, not all parents use all of the time allocated to them. They may miss visitation or holiday events, show up late, and even cancel time with their kids.

It’s one thing to occasionally miss a visitation with your child. But if it becomes a habit, it could be used against you in a future custody modification hearing. It’s difficult to convince a judge to continue the amount of visitation you have if you’re not using it. Worse, you may not be using the time in a way that’s beneficial for your kids. The other parent could ask the judge to take away some of that time. Make the most of your time, and make sure you use all of it to the extent possible.

When to Involve Your Greenville Child Custody Attorney

When parents meet for visitation purposes, there’s almost certainly going to be some verbal communication. Sometimes, one parent may commit a relatively harmless slight like being a few minutes late to an exchange. Or the other parent could gently request you to make sure your child’s homework is being done. These are typically harmless interactions, not unlike those that could arise in in-tact families. In most cases they aren’t worth involving your attorney.

More serious issues should be brought to your lawyer’s attention. But be smart about how you handle issues when you see them. The attorneys at Greenville Family Law are experienced in all aspects of child custody. If you’re experiencing visitation problems, call today to set up a consultation with a Greenville child custody attorney.

When you file for custody in Greenville, SC, you and the other parent will eventually be given terms governing custody. In most cases, this will be enough. But interference with custody orders is a problem for many parents. Refusal to follow the rules hurts the parent-child relationship and makes co-parenting far more hostile.

Custodial interference is action by one parent to take or keep the child from the parent with rightful custody. It may also involve improperly interfering with the other parent’s relationship with the child. The intent is to deprive the other parent of some aspect of custody or visitation. Custodial interference can affect either the parent with custody or the parent with visitation. In other words, regardless of a parent’s custody or visitation rights, those rights must be respected by the other parent.

Examples of Custodial Interference

There are as many examples of custodial interference as there are court orders. One common example in Greenville, SC is a parent who fails to timely return the child to the other parent. Often this occurs because one parent does not want the other to develop a relationship with the child. Or, the parent who keeps the child may believe he or she is entitled to more time than was ordered. The offending parent may keep the child an extra night or two, or may decide to keep the child indefinitely.

Interference can take other forms as well. For instance, one parent might disparage the other in front of, or even to, the child. The parent could wrongfully try to discourage the child from returning to the other. Greenville, SC court orders usually require reasonable phone access to the child when in the other parent’s custody. An offending parent may refuse to allow the other parent telephone, email, or electronic access to the child. This, too, is an interference with custody rights.

What You Can Do About Custodial Interference

One way to prevent custodial interference is to use the contempt powers of court. Civil contempt may be used to award make-up time to the parent who was denied custody or visitation. The court may also award the parent his or her attorney’s fees and costs. Sanctions may also be an option in some cases. Under state law, these sanctions may include fines, community service, or imprisonment.

Civil contempt can be “purged” by the offending parent. That is, the court may issue sanctions but not enforce them as long as the parent stops violating the order. If a parent continues violating the order, he or she may be faced with criminal contempt. While civil contempt is designed to enforce court orders, criminal contempt is designed to punish parents who violate them. The sanctions required under criminal contempt orders cannot be purged as they can with civil contempt orders.

In some cases, parents in Greenville, SC even kidnap their own children. In this case, they may be facing more than contempt of court; they may be committing a crime. Section 16-17-495 of the South Carolina Criminal Code specifically addresses this and other instances of custodial interference. The statute makes it unlawful to violate a court order by taking or transporting the child from the legal custodian. More specifically, it is unlawful to conceal the child or attempt to avoid or circumvent the custody order.

A Greenvile, SC Child Custody Attorney Can Help

Each custody case is different, and results in its own unique order. If the other parent is violating your custody or visitation rights, you have legal options. The attorneys at Greenville Family Law can help prevent custodial interference so you can enjoy your time with your child. Call us today.

Child support in Greenville, South Carolina is determined according to the South Carolina Child Support Guidelines. These guidelines take into account both parents’ income as well as the child’s health care and daycare expenses. Also included in the calculation is the number of overnights the child spends with both parents. A court may consider any extraordinary circumstances as well.

Under the guidelines, a parent’s actual gross income is normally used. However, a court can use potential income if a parent is unemployed or underemployed. Gross income includes salaries, wages, bonuses, and business income, among numerous other sources. Income may also be imputed to non-income producing assets such as unused land. Excluded from the definition of “income” are public assistance programs such as TANF and food stamps.

In applying the guidelines, the court will consider a child’s health insurance and health care needs. One or both parents may be required to obtain comprehensive and reasonably priced health insurance for the child. When a child’s insurance is combined with a parent’s, only the portion attributable to the child will be factored. Uncovered health care expenses for the child exceeding $250 per child per year will be apportioned between the parents, too.

Daycare in Greenville, South Carolina can be expensive for many parents. Fortunately, the guidelines account for this cost. Expenses incurred for child care, due to a parent’s employment or job search, are included in the calculation. However, the costs must be reasonably necessary to afford quality childcare from a licensed provider. Qualified child tax credits will be taken into account by the judge as well.

Child support can be relatively easy to calculate when one parent has custody of the child. But there are many cases in which parents share custody. The “shared custody” guidelines may be used in these cases. To qualify for this, both parents must have custody of the child at least 109 overnights each year. When a parent fails to exercise shared custody, the parent to whom support is owed may raise this issue. In such an event, the court can order the amount of support that would exist without shared custody.

Shared physical custody should not be confused with split custody. Split custody means there are at least two children and both parents have physical custody of at least one child. A court here will first determine the amount of support for the child or children in the other parent’s custody. This results in an unequal amount for each child. This difference is then offset, with the parent who owes the larger amount paying the difference to the other parent.

The child support guidelines recognize that not all Greenville, South Carolina families are the same. For this reason, a parent can ask the court to deviate from the guidelines in calculating child support. Numerous circumstances may exist which would justify the court deviating. These include, but are not limited to: a child’s educational expenses; equitable distribution of property; consumer debt; and more. Extraordinary travel expenses, which can exist when the parents live far from each other, may also be considered. Even alimony and substantial differences in the parent’s income can result in a deviation.

Courts will generally require both parents to present verified financial declarations. These declarations are used to ascertain a parent’s income, and therefore, make a proper calculation of child support. Often times, a parent will dispute how much money the other parent earns. In these cases, a judge could require the parties to present pay stubs, employer statements, or other documentation. A parent may also show his or her income using tax returns. Your attorney will want to make sure the other parent is paying his or her fair share of child support. Therefore, any concerns about the parent’s earnings should be brought to your lawyer’s attention.

Contact A Greenville Child Support Attorney Today

The rules surrounding child support are much more detailed and complicated than this overview can provide. If you are in need of child support or defending against it, don’t go without legal representation. The Greenville child support attorneys at Greenville Family Law are experienced in all aspects of child support. They will explain the process and calculations to you, and defend your rights in court. Speak to one of our dedicated professionals today to set up a consultation.

Child custody laws in Greenville, South Carolina ensure that everything in the best interest of the child. When it comes to child custody, visitation, and support, the legal system ooks at the willingness and stability of both parents. The name of the game during child custody hearing is to facilitate a meaningful, congenial, and hassle-free transition between the child and both parents.

During the child custody hearing, the divorce judge will pay attention to both parents to determine which one is willing to work for the betterment of the child; based on this and several other factors the judge will know if the sole physical custody or joint physical custody may be best for the child. Usually, judges like to see joint physical custody when it comes to child custody cases, as it has been shown to provide the best outcomes for the child.

In Greenville, SC, the child custody judge will do everything within his/her power to limit the emotional trauma to the child when there is a battle for custody. Some of the features that the child custody judge takes into account when deciding who should get custody of the child include the following:

• What is the mental health of the parents?

  • In general, the parent who does get child custody must be mentally stable. The parent with a mental health history is less likely to get custody. In some cases, the judge may order a mental health exam if there is a question about the mental status of the parent.

• What is the physical health of the parents?

  • In general, looking after a child is physically demanding and laborious. Thus, a parent who is handicapped or has a physical disability is less likely to get child custody.

• Sexual or physical abuse

  • Any parent accused or charged with physical or sexual abuse or even domestic abuse is less likely to get the child.

• What is the child’s physical and mental health?

  • In many cases, the judge will also assess the child’s preferences and physical and mental health. The judge will try and select the best parent as the custodial parent as one who can meet the physical, mental and financial needs of the child.

• What are the living situation and financial status of each parent?

  • In general, the divorce judge wants the child to be in a safe environment where he/she will be provided for. In addition, the court will also look at the financial stability of each parent.
• Finally, the judge will also assess each parent’s relationship with the child. Also, they look at how much involvement the parent has had with the child prior to the divorce.

What about Child Support?

No matter which parent is the custodial parent, the child must be provided for. The child support should help pay for the child’s basic living expense and any other necessities. The amount of child support is dependent on the income of both spouses. In addition, child support will also depend on how many overnight visits the child has with each parent.

Finally, the divorce judge will also take into account the couple’s marital status. When two people are married in SC, both parents are given equal rights, duties, and power over the child. If you are not married to each other, then the custody of the child usually goes to the mother. However, the father can go to court and purse for custody of the child in question.