Child Custody

Custody Lawyers in Spartanburg, SC

Serving Clients Throughout Spartanburg, Greenville, Cherokee, Union, & Surrounding Counties

 

The most difficult issue you may face when ending a marriage is the custody of your child (or children). Child custody decisions made during a divorce will carry long-term consequences.

A lawyer will play a vital role in protecting both your rights as a parent and the welfare of your child. In particular, the attorney can help you to work with your spouse on reaching a peaceful resolution, or parenting plan. Your attorney will also serve as your advocate in court if an agreement is not possible.

To learn more, contact KD Trial Lawyers. We not only have extensive experience in this area of family law, but we also approach each child custody case with the sensitivity it deserves. 

Types of Child Custody in South Carolina

Custody of a child generally refers to where the child lives (physical custody) and the rights and duties to make major decisions concerning the child’s welfare (legal custody).

As you seek custody of your child during the divorce process, it will be important to determine which type of custody you are seeking. Some cases are:

  • True joint custody means both parents have equal rights and responsibilities for major decisions concerning the child, including the child’s education, medical and dental care, extracurricular activities, and religious training; however, a judge may designate one parent to have sole authority to make specific, identified decisions while both parents retain equal rights and responsibilities for all other decisions.
  • Sole custody means a person, including, but not limited to, a parent who has temporary or permanent custody of a child and, unless otherwise provided for by court order, has the rights and responsibilities for major decisions concerning the child, including the child’s education, medical and dental care, extracurricular activities, and religious training.

Developing a Parenting Plan

In many cases, you may develop a parenting plan with the child’s other parent that adheres where the child will live, visitation rights and who will have decision-making authority.

If you cannot agree, you will be required to participate in mediation. Also, the court will likely appoint a Guardian Ad Litem to represent the interests of your child and conduct an independent investigation.

If an agreement is reached, you and your lawyer  will present it to a Family Court judge for approval, and the judge will enter a final custody order upon his or her approval. Otherwise, the matter will proceed to trial and the Family Court judge will make all decisions as to custody and collateral issues such as visitation, child support and/or restraining order provisions.

Determining Child Custody in Family Court

In the event of a contested child custody case, remember:

  • South Carolina law does not give preference to mothers or fathers when determining custody.
  • The court’s determination will be based on what is in “the best interest of the child.”

Some factors are:

  • The child’s preferences, temperament and developmental needs dependent upon the age and maturity of the child (but this factor is hardly controlling)
  • Each parent’s wishes, capacity and ability to understand and meet the child’s needs.
  • The history of the relationship between the child and each parent.
  • Whether the parent disparages the other parent or encourages a continuing relationship.
  • The child’s adjustment to his or her home, school and community environments.
  • The stability of the child’s existing and proposed residences.
  • The mental and physical health of all individuals involved.
  • The child’s cultural and spiritual background.
  • Whether the child or a sibling of the child has been abused or neglected or whether one parent has perpetuated domestic violence.
  • Whether one parent has relocated more than 100 miles from the child’s primary residence in the past year (unless the move was needed for safety reasons).

Contact us and get started now.

Ready to take the next step? Fill out the short form below to get your consultation started. We will review your information and will be in touch shortly.

Meet Our Family Lawyers

We don’t view our relationships with our family law clients as one-time concerns. We continue to be available to these clients, and we help them revisit issues if an order needs to be modified.

Client Testimonials

Hear From Those We've Helped Over The Years
    "Luckily a friend recommended Tom Killoren and he was amazing."

    My uncle is special needs and was severely injures in two car accidents one resulting in severe damage to his body almost resulting in death. Luckily a friend recommended Tom Killoren and he was amazing.

    - Hannah B.
    "I will always be grateful to you!!"

    I cannot begin to share in words what the KD law firm has done for me, after spending most of my life protecting others, I ...

    - Christopher M.
    "I AM ONE PROUD AND GRATEFUL CLIENT"

    In 2019, a friend recommended Wes Kissinger as an Attorney to represent me after I had been attacked by 5 dogs. Once I met with them, they immediately began working on my case.
    I feel so blessed to have been represented by Attorney Kissinger.

    - Barbara L.
    "I wouldn’t go to any other attorney."

    I wouldn’t go to any other attorney in the Upstate. Allison is exceptionally responsive, and I appreciate that she always answers questions personally and thoroughly.

    - Derek L.
    "He cares about your situation."

    Steve Denton is wonderful! He is very honest and efficient! Very easy to get an appointment with and a call back from! He doesn’t sugarcoat reality and I truly feel he cares about your situation.

    - Lexa M.
    "He didn’t make it feel like business – he made it feel like family."

    Throughout the process, he didn’t make it feel like business – he made it feel like family. Jeremy is professional and personable, and he made me feel comfortable.

    - James B.
    "Easy to talk to yet still very professional."

    We respect Ryan McCarty for his courtesy and knowledge; he is easy to talk to yet still very professional. I would recommend him without any misgivings.

    - Sue M.
    "They truly treat you like family."

    They truly treat you like family. He was able to get me more money than I thought I would get in my settlement.

    - Matthew M.
Ready To Take The Next Step? Click the button below to get your consultation started. We will review your information and will be in touch shortly.