Court cases involving the parental rights of their children are generally complex. Whether you are going through a divorce, already divorced, or were never married, a judge can decide custody and visitation rights in South Carolina. If both parents are granted visitation rights, you legally cannot stop your child from seeing their other parent or guardian.
Custodial rights are often touchy issues, which is why you need an experienced attorney to help explain the legalities and protect your rights. If you have concerns about your children spending time with their other parent or guardian, Greenville Family Law can help.
What are the Different Types of Custody in South Carolina?
While there are many types of custodial arrangements, they are generally divided between two types in South Carolina – sole custody and joint custody.
Sole Custody
As the title implies, sole custody means one designated parent makes most decisions for the child, including schooling, healthcare, and so forth. That parent carries the majority, if not all, responsibility for their child, and the child lives with them. That parent need not discuss or consult with the other parent before making small or large decisions about the welfare of the child or children.
Sole custody may be awarded if one parent has proven to be undependable or unavailable for the child. But while one parent may be fully responsible in decision making, that does not necessarily mean the other may not have visitation rights. Every situation has its own set of circumstances.
Joint Custody
Joint custody can mean both parents share equally in all responsibilities and decisions for their child. Customarily, there is a primary custodian with whom the child lives and spends most of their time and a secondary custodian with whom the child may spend weekends, vacations, and/or holidays. If there are any major issues in the areas of Education, Medical, Religion and extracurricular activities that the joint custodians cannot agree upon, the primary custodian generally has the right to make the final decision.
If both parents have been active in their child’s life and close enough to where the child could attend school and other activities, no matter which household he or she may be in, shared custody is an often preferred solution. While both parents have input into decision-making, the primary custodian does have the final say.
Split custody may be awarded when one parent is given custody of one child while the other parent has custody of a sibling. The siblings do not live together most of the time. While not considered ideal, this can work in specific situations where there is a significant age difference between the children, or if one of the children can be a physical or emotional threat to the other.
Can a Parent Stop a Child from Seeing the Other Parent Without a Court Order?
No. Legally a parent cannot stop a child from seeing their other parent without legal authorization. Most South Carolina judges lean toward ensuring both parents stay active in their child’s life and will not restrict visitation by the wishes of the other parent alone.
However, if a child’s health or welfare is at risk, a family law attorney should be called right away to file an emergency action with the court disallowing visitation.
What Happens if a Parent Denies Visitation?
Prohibiting court-ordered visitation rights in South Carolina is illegal. If your rights are denied, you can have your attorney file a Pro Se Affidavit. The prohibiting parent could be found in contempt of court, fined, or even face jail time.
Talk to our Family Law Team at Greenville Family Law
The Greenville Family Law team understands for most parents, nothing is more important than the welfare of their children. No matter what your situation, when you need help from a family law attorney about visitation rights in South Carolina, or other custody issues, contact us. We are happy to help you with your questions and to recommend possible legal solutions regarding child custody.
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