Greenville Child Custody Attorney 

Lawyer helps parents create healthy environments for children 

Child custody disputes are emotionally taxing for parents who must deal with the complexities of South Carolina family law while trying to do what is best for their sons and daughters. Whether you are going through a divorce or seeking to establish paternity, McManaway Law, LLC in Greenville can help you pursue a fair resolution. Since 2007, I have provided compassionate and capable legal counsel for parents in Upstate South Carolina. I am determined to uphold your parental rights while working to finalize an arrangement that is truly in the best interests of your children.

Types of child custody in South Carolina

South Carolina divides child custody into two distinct concepts: 

• Legal custody — This refers to a parent’s right to make significant decisions about a child’s life, including matters related to education, medical care, religion and overall welfare. Legal custody is often awarded on a joint basis, but can be given solely to one parent.

• Physical custody — Parents with physical custody have the child living with them, either full-time or part-time. Physical custody can be granted jointly, in an arrangement where the child spends substantial time in both homes, or the child can live primarily with one parent, with the other parent having defined visitation rights. 

Typically, the court’s goal is to create a framework that enables a youth to spend frequent, meaningful time with both parents. A parent who does not have physical custody usually pays child support to their former partner.

How do courts decide child custody in South Carolina?

In South Carolina, the family courts base child custody decisions on the "best interest of the child." The court considers various factors which include:

• Parental fitness — The court assesses each parent’s ability to care for their child, including physical and mental health, emotional stability and any history of abuse or neglect.
• Parent-child relationship — The court examines the existing relationship between each parent and the child, including which parent, if any, has been the youth’s primary caregiver.
• Co-parenting ability — The court looks at how well the parents are able to communicate and cooperate for their child’s sake, especially after a divorce.
• Stability of the home environment — The court considers the stability of each parent’s home environment, including the quality of the child’s living conditions.

Parents can present, and judges can consider, any evidence is relevant to this “best interest” determination. A court may order a professional evaluation by a psychologist or social worker to aid in their evaluation.

What factors can impact a child custody case?

Courts operate under a presumption that contact with both parents is in the best interest of the child. However, certain facts can disqualify a parent for custody, such as:

• Prior domestic violence or abuse
• Substance abuse issues
• Criminal behavior
• Extreme immaturity or irresponsibility
• Immoral lifestyle
• Mental or physical health issues
• Lack of prior involvement in the child’s life
• Inability to provide a suitable home environment

The court will not place a child in a situation where the judge believes physical or emotional harm is likely to result. If you have safety concerns for your children, a skilled family attorney can help you protect them. 

How does guardianship differ from child custody?

The terms "guardianship" and "custody" represent two distinct legal concepts in South Carolina. With guardianship, the court appoints a non-parent adult to oversee a child’s financial and personal well-being. The South Carolina Department of Social Services (SCDSS) can recommend kinship guardianship in cases where children are in the SCDSS foster care system and adoption is not feasible. Guardianship may be temporary or permanent. In contrast, custody refers to a parent’s legal right to make decisions about the child’s welfare, as well as the child’s physical living arrangements. 

Contact an accomplished South Carolina child custody lawyer

McManaway Law, LLC advises Upstate South Carolina on a full range of child custody and visitation matters. To make an appointment for a consultation, please call 864-428-8912 or contact my office online.