Family courts in South Carolina must consider a range of factors when approaching child custody cases. When making these decisions, judges generally focus on the “best interest standard” – and this is a crucial concept that separating parents must understand. Family courts do not simply attempt to serve the best interests of the child – they are legally required to do so. In addition, they assess these best interests in a highly formulaic way – considering a number of predetermined factors before making their final decision. An experienced child custody lawyer in South Carolina may be able to help parents understand these concepts with greater clarity. To continue this discussion, consider calling (888) 748-KING to book a consultation with King Law Offices.
Joint Custody Is Often In the Child’s Best Interests
According to the American Psychological Association (APA), children are more likely to experience various mental health benefits if they spend sufficient time with both parents after separation. Specifically, the APA found that children in joint custody arrangements had higher self-esteem, better grades at school, and fewer behavioral issues. That being said, the APA was careful to note that joint custody does not necessarily mean “equal” custody – and children still experienced these mental health benefits even if they spent more time with one parent than the other. According to many child psychologists, it is important for children to spend at least some time with each parent.
The family courts of South Carolina are well aware of these studies, which all tend to come to the same basic conclusions. As a result, many judges believe that a joint custody arrangement serves the best interests of the child – and they may want to strive for this outcome by default. Parents who envision themselves taking sole physical custody may want to carefully consider this. Unless the child is in serious danger when they spend time with the other parent, it is their best interests to continue and strengthen this relationship after separation.
Family Courts Consider Various Factors When Determining the Best Interests of a Child
The best interests of a child is not a vague concept in South Carolina. Instead, courts clearly define it with various “best interests factors.” These are the things that the family court judge must consider when making decisions in child custody cases, and the Child Welfare Gateway lists them in full. Parents may wish to discuss each of these factors in more detail at King Law Offices.
Some of the best interest factors are somewhat obvious, while others could be surprising to parents. For example, it should come as no surprise that family courts consider any past abuse or neglect committed by either parent. Family courts also consider the preference of the child, the stability of their home life, and their connection to the local community – all straightforward factors. On the other hand, parents may be surprised to learn that family courts consider the geographic distance between their two residences. They might also struggle to understand why family courts consider the physical health of family members during custody cases.
Avoid Preventing the Child From Seeing the Other Parent
Psychologists and family courts generally agree that if at all possible, a child should have a continuing relationship with both parents after separation. As a result, it is important to avoid interfering with the relationship between the child and the other parent. This interference is called “parental alienation” in the world of psychology, and family courts strive to prevent it from occurring. Even subtle criticism of the other parent in the presence of the child could be problematic. A parent may also face consequences for “venting” about their ex on social media – as the child may access these public posts.
One of the most overlooked best interests factors is whether each parent encourages a “continuing parent-child relationship between the child and the other parent.” In other words, parents are rewarded for letting their children continue these relationships. If a parent does not encourage these relationships, they may experience negative custody outcomes – and they could spend less time with their children after the separation.
A Single Factor Rarely Alters the Final Custody Decision
While some best interests may be more relevant than others, family courts rarely focus on one specific issue in custody cases. Instead, they consider the “bigger picture” – weighing all best interest factors when making final decisions. For example, a spouse may have struggled with substance abuse throughout their marriage. While the family court will certainly consider how this addiction might affect the child, they will also consider other relevant factors. For example, the other spouse might live a life of sobriety – but they could have a history of abusing the child. The family court may therefore decide that the spouse struggling with substance abuse should have primary custody despite their addiction.
The same logic applies to the preference of the child. A 14-year-old might desperately want to live with the father after a separation – and the court could consider this preference. However, the child may not fully understand their own best interests. The father might work long hours, and they might be completely unable to handle various childcare needs alongside their career. There are 13 best interest factors in South Carolina, and a 14th allows family courts to consider any other factors “the court considers necessary.” Custody cases can therefore become incredibly complex, with judges attempting to consider over a dozen factors that affect the best interests of the child.
Contact Our Compassionate South Carolina Family Law Attorneys To Ensure the Legal Rights to Your Children Are Protected
Many parents believe that they already understand the best interests of their own children. This is understandable, as parents spend more time with their children than the family judges who preside over their cases. With that said, it is important to review the best interest standard and the various factors that may affect the final custody decision. With a greater understanding of these concepts, parents may feel more confident while pursuing their child custody goals. Each family is different, and child custody strategies should be tailored to meet the needs of individual children. To discuss the next step in this custody process, consider calling King Law Offices at (888) 748-KING.