How Domestic Violence Allegations Affect South Carolina Child Custody Matters

During a South Carolina custody proceeding, judges are required to make decisions based on what is in the best interests of the child(ren). They can use any information they believe is pertinent during their evaluation, but some factors must be take into account under state law. One of these is whether either parent has engaged in domestic violence. 

Even if a father or mother has not been convicted of a domestic violence crime or named in an order of protection, evidence can be introduced of abusive behavior within the home through photos, communications and testimony. However, it is important to remember that even if a judge finds that a party to a child custody matter committed an act of domestic violence, that does not necessarily mean that they will lose their parental rights. 

There are several steps judges can take to protect young people if visitation is granted to a parent who has committed or threatened abuse, such as:

• Requiring that all visits take place while a third party is present

• Making sure that custodial handoffs between parents occur in a safe setting

• Mandating that fathers or mothers with a violent history complete an anger management course or participate in counseling

• Prohibiting an abusive parent from drinking or using drugs prior to, and during, visits

• Establishing a visitation schedule that does not include overnight stays in the home of the parent who engaged in domestic violence

In cases involving mutual allegations, courts will consider who was the primary aggressor. It is also important to remember that victims of partner violence cannot lose custody simply because they left home to escape their dangerous situation. 

Don’t assume that domestic violence allegations will be the only information considered in your custody case. The court will weigh all best-interest factors, including the child’s needs, each parent’s caregiving history, stability, mental and physical health. Substance use concerns and each parent’s ability to support the child’s relationship with the other parent when safe and appropriate are also factors.

If domestic violence is part of your custody case, strong legal advice and careful documentation can be critical. McManaway Law, LLC in Greenville helps Upstate South Carolina clients present safety concerns effectively and pursue custody and visitation arrangements that protect children while supporting long-term well-being. Please call 864-428-8912 or contact me online for a consultation.