Most parents want what’s best for their children. Sometimes this means working with certified family mediators to develop healthy co-parenting plans, and other times it means going to court to obtain sole custody.
At Martin Murphy Law LLC, our compassionate Charleston child custody lawyer strive to help you obtain custody while minimizing the stress of family litigation on your children. Discuss your child custody needs and concerns with our dedicated Moncks Corner family legal team serving the Tri-County area today by calling (843) 809-0232 or confidentially connecting with us online.
Types of Child Custody and Visitation in Charleston
The term ‘child custody’ refers to more than just which parent physically has the children. Custody is broken down into physical custody, legal custody, and sometimes simply visitation.
Physical (Residential) Custody
Physical custody refers to the parent physically having the children at any given time. One parent may have sole physical custody, or the parents may share physical custody based on practical matters such as the children’s schooling and the parents’ work schedules and living situations. The court may award parents joint residential custody of shared children, but this does not have to be 50-50.
Legal Custody
Even a parent without physical custody can retain legal custody of shared children. Legal custody refers to the rights of parents to make critical decisions for their children in areas such as healthcare, schooling, and religion. One parent may obtain sole legal custody of shared children, or the court may limit the legal custody rights of a parent with potentially dangerous religious or medical beliefs.
Visitation
Out-of-custody parents or certain close relations might request visitation if they do not have physical custody rights. Visitation might be supervised or unsupervised, and the court has broad discretion in ordering when and how parental visitations might occur.
Understanding South Carolina’s Best Interest of the Child Factors
Child custody cases are unique because only the family court has final say on custody. Parents and children in the Tri-County area might work with our experienced family mediators to develop custody proposals and parenting plans, but all custody-related issues are determined based on the following best interest of the child factors (S.C. Code § 63-15-240):
- Religious faith and culture
- Child and parents’ preferences
- Domestic violence and abuse
- Developmental needs
- Parenting capacity, ability, and health
- Coercion, manipulation, and parental disparagement (bad mouthing the other parent)
- Home, school, and community involvement of the children
- Stability
- Overall mental health and wellbeing
Moncks Corner family judges can also consider any other factor relevant to the children’s best interests and may order a guardian ad litem (certified children’s attorney) to represent those interests during custody proceedings. Our Tri-County area family attorney provide these child custody services and more.
Seek Help from Our Child Custody Lawyer for Charleston
At Martin Murphy Law LLC, we fight to ensure your children don’t get caught in the middle of complex legal proceedings. Let our Charleston child custody and visitation attorney help you understand your rights, fight for custody, and even negotiate co-parenting plans. Call (843) 809-0232 or contact us online to connect with our Moncks Corner child advocates serving the Tri-County area.
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