According to Demographic Research, parents in the United States are now more likely than ever to achieve shared physical custody of their children after divorce. The likelihood of shared custody has doubled since 1985, although this increase is even more notable in European countries. That being said, researchers have discovered that certain factors play an important role in custody outcomes – and families of certain backgrounds are more likely to share custody.
In South Carolina, family law judges will carefully consider these factors to determine the most appropriate resolution. With a greater understanding of these factors, parents may be able to approach child custody cases with greater confidence. To discuss their unique circumstances and learn more about child custody in South Carolina, parents may want to continue this discussion alongside family law attorneys. Consider a consultation with King Law Offices, and call (888) 748-KING to get started.
All Factors Are Related to the Child’s Best Interests
While family law judges consider many factors during custody cases, all of these factors have one thing in common: They relate to the best interests of the child. This might seem like an obvious point, but many parents overlook it. Although judges may consider the wishes of each parent during custody cases, the main emphasis will be on the needs of the children. As a result, it generally makes more sense to build strategies around factors related to the best interests of the child – and not the best interests of the parent.
South Carolina Factors for Child’s Best Interests
The Child Welfare Information Gateway details the various factors South Carolina family law judges consider when making decisions on child custody. These factors apply when courts issue child custody orders for the first time, and when they modify existing orders:
- The personality and developmental needs of each child
- Whether each parent understands the needs of their children
- Whether the child prefers to live with one parent over the other
- The custody preferences of each parent
- How much time the parent has spent with the child
- The existing relationships between the child and their siblings, grandparents, and other family members
- Whether a parent encourages or discourages their child from having a relationship with the other parent
- The connection a child has with their local community, school, and family home
- Whether each parent has a stable home environment
- The mental health of parents and children
- The physical health of parents and children
- The spirituality and culture of each child
- Any past instances of child abuse or neglect
- Any past instances of domestic violence
- The distance between family homes
- Any other factor the court considers important
What Are the Most Important Factors for Child Custody in South Carolina?
The most important factors for child custody depend entirely on the unique circumstances of each family. Some factors may not apply to certain families, while others could be particularly central. For example, parents might not have committed any acts of domestic violence, child abuse, or child neglect over the course of their marriage. As a result, the judge may focus on more relevant factors – such as the distance between the residences of each parent. That being said, there are a few factors that frequently become important in child custody cases:
The Preference of the Child
While many other States only consider the preferences of children when they reach a certain age, South Carolina takes a less structured approach. Theoretically, a South Carolina family law judge could consider the custody preference of a child at any age. In reality, the preferences of extremely young children are unlikely to influence custody proceedings.
Judges consider the mental maturity of children when listening to their preferences, as some children mature faster than others. An eight-year-old child from one family might be capable of critical thinking, while another eight-year-old may display less developed cognitive skills. Teenagers generally have more freedom to express their preferences. Of course, family law judges may rule against the preferences of children after considering the full spectrum of best-interest factors.
The Distance Between Family Homes
The distance between family homes is an important factor to consider, as it is one of the few things parents can control after divorce. While it is impossible to turn back time and change what happened during a marriage, parents can strategically choose new homes during child custody cases. For example, a parent might choose to live close to a school their child attends, and this might make it easier to pursue positive custody outcomes after divorce. Family law attorneys at King Law Offices can assist with various matters related to family homes during divorce. This extends not only to child custody, but also property division.
The Dangers of Parental Alienation
Another important factor to consider is whether each parent encourages “the continuing parent-child relationship between the child and the other parent.” Family courts generally react badly to a parent who discourages or prevents their child from spending time with the other parent. This is sometimes referred to as “parental alienation,” and it is an ill-advised strategy that can backfire. Those who criticize their exes in front of their children could encounter unfavorable custody outcomes – and even a single social media post could prove disastrous. On the other hand, parents who encourage strong family ties after divorce may find it easier to navigate their child custody cases.
Family Court Judges Often Strive for Shared Custody
Parents should recognize that most family courts today strive for shared physical custody whenever possible. Both legal and psychological circles are beginning to accept that after divorce, a child generally experiences more positive mental health outcomes when they spend ample time with both parents. The American Psychological Association states that joint custody typically leads to “better-adjusted” children with higher self-esteem and school performance. On average, children in joint custody arrangements also display fewer emotional problems and healthier inter-familial relationships. While some parents may successfully convince judges they should receive sole physical custody, it may be challenging to argue against psychological data that supports joint custody as the healthiest “default” resolution.
Contact our Compassionate South Carolina Divorce Attorneys at King Law Offices Today
Child custody cases can put a psychological burden on parents, making it difficult to approach this process without the interference of turbulent emotions. On the other hand, family law attorneys in South Carolina may be able to handle child custody cases in a more efficient, calculating manner. By delegating complex legal tasks to child custody lawyers, parents can focus on what matters most: Cultivating healthy relationships with their children during this challenging period. Although judges may consider numerous factors in child custody cases, their final decision depends on the unique circumstances of each family. A consultation with King Law Offices could present an opportunity to discuss these factors in more detail. Call (888) 748-KING today – and learn more about the road ahead.