According to the Nationwide Children’s Hospital, a “unified parenting approach” after divorce or separation promotes greater well-being and fewer behavioral problems among children. The American Psychological Association also states that joint custody is correlated with fewer emotional issues, higher self-esteem, and better school performance among children. Achieving this sense of unity is not always easy for parents. Due to factors outside of their control (including court orders), one parent may spend much more time with their children than the other. However, this “custodial parent” is not necessarily the only decision-maker in the family. A parent does not have complete control over their child simply because they live together in the same household. A non-custodial parent also has considerable rights, and both parents should become aware of these rights to avoid needless legal disputes in the future. An experienced family law attorney in South Carolina at King Law Offices may be able to explain this subject in more detail, and parents can call (888) 748-KING to discuss it further.
Legal Custody vs. Physical Custody in South Carolina
Both custodial parents and non-custodial parents should strive to understand the differences between legal and physical custody in South Carolina. The terms “custodial” and “non-custodial” only apply to physical custody – the amount of time children spend living with each parent. A custodial parent has primary physical custody when their child lives at their residence most of the time. However, a custodial parent does not necessarily have sole legal custody.
Legal Custody Applies to Major Child Care Decisions
Parents with legal custody have the right to control major child care decisions. These decisions generally involve issues like religion, education, healthcare, and anything else that could affect the life of a child. Shared legal custody is the norm in South Carolina – even if the child spends more time living with one parent. In other words, a non-custodial parent often has the right to control major child care decisions. Parents who share legal custody must agree upon all major child care decisions. If they cannot agree on how to raise their child, they may need to settle their dispute in court.
Examples of Legal Custody Decisions
Legal custody may involve many major child raising decisions. An obvious example is whether a child should receive certain medical treatments. If the child becomes injured or sick, doctors may present parents with a choice. Perhaps there is a risky surgery that may lead to better health outcomes. Maybe an experimental treatment could cure a disease carried by the child. Whatever the case may be, parents with shared legal custody may need to agree on how to proceed.
Parents may also disagree on which religion the child should practice. Perhaps one parent converted to Judaism after the divorce, and they wish to welcome the child into this faith. The other parent may want the child to continue with the Christian faith they followed during the marriage. This dispute may need to be settled in court. Education is another potential source of disagreement. One parent may favor public school, while the other might want the child to attend private school. New sources of conflict continue to arise in the modern era, and many separated parents now disagree on issues like vaccines or gender-affirming care.
Custodial Parents Do Not Have Limitless Freedom of Movement
A custodial parent may have the right to keep a child in their own home. However, primary physical custody does not necessarily give the custodial parent the right to change where their child lives. This is an important distinction, and it represents a crucial limitation on the rights of a custodial parent. If a custodial parent tries to relocate with their child without permission from the non-custodial parent, they could face serious legal issues. That said, a custodial parent may be able to relocate within South Carolina without significant legal barriers. Regardless of where a parent plans to move, they should always consult with an experienced family attorney before proceeding. Consider speaking with King Law Offices in order to ensure legal compliance during a relocation.
If a custodial parent plans to move out of the state or to an entirely different country, they must obtain permission from the non-custodial parent first. If either parent tries to take their children across state lines without notifying the other parent, they could face kidnapping charges. This is a serious criminal offense, and it applies even if the defendant is biologically related to the children. That being said, either parent may have the right to take their children on vacation. With permission from the other parent and close adherence to the conditions of the custody agreement, vacations with children are perfectly legal. Kidnapping charges only become an issue if parents take impromptu trips out of the state without following proper legal procedures.
What If I Disagree on How My Child Is Being Raised?
If one parent does not agree with how the other parent is raising their child, they may be able to take legal action. A custodial parent who makes life-changing childcare decisions without permission or input from the non-custodial parent may face serious legal consequences for violating legal custody rights.
If parents cannot agree on how to address major child care decisions, they may need to resolve their disputes in court. Assuming mediation fails, a family court judge may review the situation and determine a course of action that best serves the best interests of the child. In order to facilitate this course of action, the judge may temporarily give one parent sole legal custody – enabling them to make a specific decision without input from the other parent. Alternatively, the judge may give one parent permanent legal custody – but only in one specific area (such as education or religion).
Learn More About Parental Rights With King Law Offices
A parent may easily violate the rights of their ex without even realizing it. Less serious violations may lead to arguments and rifts between family members, potentially affecting the mental health of the children. More serious violations could potentially lead to legal disputes or even criminal charges. Both custodial parents and non-custodial parents should do their best to educate themselves on subjects like legal and physical custody, but online research may not be enough. These legal concepts can be quite complex, and the rights of each parent depend entirely on their unique family circumstances. In order to determine where parental rights begin and end, it is necessary to consider the original court order, the best interests of each child, and many other factors. A discussion with an experienced family law attorney in South Carolina lets parents discuss these specific factors, and it may provide them with a greater understanding of their rights. To continue this discussion, consider calling King Law Offices at (888) 748-KING.