Strategies For Retaining Custody Of Children During Divorce
Divorce is a stressful and daunting experience that becomes increasingly complex when the couple has children. A court typically determines custody arrangements, unless the parents can agree on this beforehand, bringing a certain degree of uncertainty, but there are several things a parent can do to boost their chances of keeping custody of their child during divorce proceedings. Learn several strategies for retaining custody of children during divorce, and discover how a seasoned South Carolina family lawyer can assist parents with custody arrangements and other divorce-related matters; call King Law Offices at (888) 748-KING today to speak to our legal team.
What Does the Custody of Children Mean?
Child custody refers to the practical and legal relationship between parents/guardians and the children in their care. According to the South Carolina Bar, while the courts can issue various custody arrangement types, there are usually two main kinds of these arrangements in South Carolina, which are sole custody and joint custody. The former means a single parent makes the key decisions regarding the child, whereas joint custody involves both parents sharing this responsibility.
Per S.C. Code Ann. § 63-15-512, South Carolina custody actions can be independent filings or conducted during divorce proceedings. The court rules in these actions in the child’s best interests, taking into account the child’s physical, spiritual, recreational, psychological, familial, educational, and emotional requirements. They also assess the parents’ fitness, attitude, and character, take any domestic violence or abuse into consideration, and give thought to the child’s preferences.
Understanding Parenting Plans
During custody proceedings, parents have to produce parenting plans, which outline the amount of time the child spends with each person and who is going to make the key parental decisions concerning the child’s dental and medical care, religious training, education, and extracurricular activities. Commonly, one parent acts as the child’s main caretaker while the other has child visitation rights. In this arrangement, the main caretaker cares for the child for most of the year, and the other is responsible for the child during some holidays, summer weeks, and every other weekend; the parent with visitation rights typically makes child support payments to the main caretaker.
How To Cope With Sharing Custody
Co-parenting following a divorce or separation is a challenging task. However, parents can take several steps to reduce the impact of the child custody arrangement on their children, as outlined below:
- Set aside emotions: Effective co-parenting involves setting aside negative emotions concerning the other parent and prioritizing the children’s needs, including their stability, happiness, and well-being.
- Improve communication: Communicate with the other parent in a consistent, purposeful, and peaceful manner, avoiding actions that can negatively impact the child’s view of the other parent; focus conversations on the children, exercise restraint, listen to the other parent, make requests rather than demands, and adopt a business-like tone in communications. If face-to-face communication is challenging, keep most conversations to phone calls, text messages, and instant messaging to avoid conflict.
- Cooperate with the other parent: Cooperating without resorting to arguments can make it easier to improve child-related decision-making. To facilitate this, aim for consistency between each parent’s home regarding rules, discipline, and scheduling, be open and honest about decisions concerning the child’s medical, financial, and educational needs, and try to resolve parental disputes amicably by showing the other parent respect, maintaining communication, and being willing to compromise.
- Make transitions easier: Improve transitions for children when moving from one parent’s home to the other by helping them to anticipate change, establishing routines, giving children space when needed, and finding and resolving the cause of visitation refusals when they arise.
Gain a more detailed understanding of retaining custody of children during divorce proceedings by speaking to a knowledgeable South Carolina divorce attorney. To continue this discussion and get assistance with child custody arrangements, arrange a consultation with King Law Offices today.
Tips for Retaining Custody of a Child During Divorce
Ultimately, a judge determines which parent becomes the primary caretaker when the parents cannot agree on this, but by gathering and supplying the court with the necessary evidence and demonstrating parental enthusiasm and focus, parents can impact this decision. Below are several tips for retaining custody of a child during divorce proceedings.
Act in the Child’s Interests
Judges award primary custody based on the child’s best interests. Parents can boost their chances of being the main caretaker by creating a safer environment for the child, living closer to the child’s school than the other parent, and taking on more caring responsibilities than the other person from the child’s early years onwards. Try to also avoid involving the child in divorce proceedings as much as possible and discussing issues concerning the parent’s relationship with the child; if the court identifies that one parent has tried to influence the child’s view of the other, this can make it more challenging to demonstrate that they are acting in the child’s best interests.
Be Aware of the Child’s Routine and Activities
The court typically identifies which parent manages the child’s daily routines when determining the primary caretaker. Parents can improve their chances of demonstrating they did this by demonstrating involvement in their child’s life, such as by being aware of the child’s teachers, friends, interests, classes, and extracurricular activities.
Assess Parental Ability
Evaluate the financial situation and parental and life skills of each parent. Doing this enables a parent to identify the areas they need to improve to come across as the most suitable candidate to be the child’s main caretaker. Furthermore, it allows parents to focus on gathering evidence that highlights the weaknesses of the other parent in terms of parental ability.
Gather Evidence
Collate evidence legally to demonstrate that the other parent is less suitable to act as the main caretaker. Examples include hiring expert witnesses and private investigators, recording phone conversations, and saving written communications.
Remember the Child’s Preferences
Judges in South Carolina do consider the children’s preferences when making child custody determinations. Influence the child’s view positively by aiming to create a more comfortable home for the child than the other parent’s, prioritizing the child’s well-being and safety, while avoiding bribing the child or focusing on fun rather than responsibility.
Behave Appropriately
Stay clear from any illegal activities, even if they are very minor, as well as any activities that might be dangerous for the child. Show up to divorce court hearings on time, dress in business attire, and be sure to bring evidence and court-requested documents to court to demonstrate respect for the legal system and dedication to securing child custody rights. Alongside this, be calm, kind, and polite when interacting with the other parent, judge, lawyers, and additional parties present in court.
Communicate Cautiously
All types of written communication can possibly act as evidence in child custody proceedings, so take care when writing text or instant messages, e-mails, and social media posts not to demonstrate anything that the court might look upon unfavorably. Moreover, recording phone conversations in South Carolina is legal if one party consents to this, so be cautious during in-person and phone interactions.
Contact a South Carolina Family Law Attorney To Learn More
By avoiding inappropriate conduct, communicating cautiously, considering their child’s wishes, behaving in a manner that the court is likely to favor, understanding court considerations regarding child custody, and gathering evidence, parents can improve their chances of retaining child custody rights during divorce. If experiencing a divorce that involves children, consider reaching out to a lawyer for help. Call King Law Offices at (888) 748-KING to speak to an experienced South Carolina family law attorney.