How to Prove That You Deserve Child Custody

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.

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