Issues of custody can be challenging for families, whether in cases of divorce or abuse and neglect. Many parents feel a responsibility or a right to protect and provide for their child, and may not realize the complexity of the issue or the needs of the child. While it is generally true that parents reserve the right to raise their children the way they see fit, there are some circumstances in which a non-parent may be granted custody of a child by the courts. Understanding these situations may help provide context for a complex family law case.
Grandparents and stepparents may both be invested non-parents who are interested in custody. While they may not be the legal parent of the child, their parental relationship with the child could be a factor that influences the court’s decisions. As always, South Carolina courts make their decisions based on what is best for the child, as children are not able to advocate for themselves in court. Therefore, the capability of the parents to provide for the child may also play a role in these decisions.
A skilled Rock Hill child custody lawyer from King Law Offices may be able to help navigate these complex family law matters. For more information, speak with an attorney to schedule a consultation at (888) 748-KING.
Factors That Influence Child Custody in South Carolina
Child custody is determined based on several factors and is guided by South Carolina state laws. Generally, child custody decisions are made based on the best interests and needs of the child in question, but other factors include marital misconduct in the relationship, the marital status of biological parents, and the capacity of these individuals to provide a safe and healthy home for this child. Understanding these factors may influence family members getting custody of a child.
Parental Rights
Parental rights in South Carolina are established by the South Carolina Children’s Code. These laws establish that parents are entitled to certain rights and responsibilities up to this point. Generally, parents are entitled to raise their children in the way that they see fit, and they may also have a right to custody unless their parental rights are revoked due to extreme circumstances. In terms of third-party visitation, parents can voluntarily revoke their parental rights to allow for a family member to take custody of the child.
Best Interests of the Child
Additionally, South Carolina courts always seek to protect the best interest of the child in every family law case. Minor children may not be able to accurately express and defend their needs, particularly in a court setting. Therefore, the courts actively seek to make their decisions in the way that would most benefit and protect the needs of the child. If the courts move to establish third-party visitation, it must be because the child would greatly benefit from this situation. If the child’s parents are unable to provide a safe environment or in loco parentis dictates that the non-parent has assumed a parental relationship with the child, it may be in their best interests for the non-parent to take custody of the child.
For more information on child custody in South Carolina, speak with a York County child custody lawyer from King Law Offices today.
Situations Where Courts May Give Custody to a Family Member
Third-party custody or visitation is when the courts grant legal decision-making responsibilities or parenting time to an individual who is not a biological parent of the child. This is similar to how custody is granted during divorce, except certain extraneous factors lead the courts to decide that the needs of the child are best met by a third party. Most often, this happens when the biological parents of the child voluntarily revoke their parental rights in favor of a third party like a grandparent or a stepparent. In situations of abuse, neglect, or other negative conditions, the parents’ rights could be revoked by the court and custody granted to another individual for the protection of the child. However, after the order is given, parties may be able to petition to modify the order after some time according to the South Carolina Judicial Branch.
Blended Families
One of the more common situations that would call for third-party custody is a divorce with a blended family. Stepparents do not automatically qualify for parental rights due to marriage into a family unless they legally adopt their stepchild. However, in loco parentis may qualify them to pursue custody in a divorce if they have a strong parental bond with the child and can provide the safety and environment the child needs.
Grandparents, Uncles, and Aunts
Grandparents and other close family members may also be granted third-party custody in certain circumstances, though similarly to stepparents they may need a close and established relationship with the child. However, a close family member may have opportunities to obtain custody of a child if they have a blood relation. Other factors such as parental capability and the relationships of the child may influence this decision.
Parental Abuse
Another key factor that could lead courts in South Carolina to grant custody of a child to a family member is parental abuse. If the child’s biological parents are unfit to care for the child and serve their best interests, their parental rights may be revoked. While this is a legal process that requires numerous checks and balances, if the parents are determined to be neglectful or abusive, the courts may rule to grant custody to a family member instead to protect the safety of the child and give them the best chance at success in their life.
Contact a South Carolina Child Custody Lawyer Today
Child custody is a complex legal subject and can be challenging for parents or interested third parties to understand. For those wondering if a family member could take custody of a child, understanding these nuanced state laws can be of paramount importance. While there are opportunities for an interested third party to gain custody of a child, certain criteria must be met. Additionally, other ways beyond third-party visitation could grant custody to a non-parent. Adoption and other methods could also achieve this same effect but may have distinct legal processes with their own nuances.
A skilled South Carolina family law attorney from King Law Offices may be able to clarify these situations for parents or third parties, helping them move forward with confidence. Schedule a consultation with an attorney today by calling the office at (888) 748-KING for more details.