Boiling Springs, SC Child Custody Lawyers

Whether you’re navigating custody issues as part of a divorce or you’ve never been married to your child’s other parent, there is a lot at stake. Your relationship with your child and your right to make important decisions for them depends entirely on how you handle your Boiling Springs custody issues.

Learn more about your parenting rights, different types of custody, and how you should prepare—and when you’re ready to move forward, call Nowell Law Firm at 864-707-1785.

Child Custody Laws in South Carolina

Understanding the laws that guide custody decisions in South Carolina can help you know what to expect and what standards you’ll need to meet if you develop your own parenting plan. To start, know that the child’s best interests are the top priority in any custody decision. This is true even if the parents work together to decide on a custody schedule. 

If the court does not think that the custody agreement protects the child’s best interests, they will not turn it into an order. They will instead make their own ruling. While a parent’s wishes will be considered—for example, the court is unlikely to put a child in danger by forcing an uninterested parent to take on a parenting role—they are not the top priority.

When determining where a child’s needs are best served, the court will consider a wide range of factors. Thinking about these throughout this process can help you create a strong case. Factors include:

• The parents’ physical and mental health

• The child’s specific needs

• The strength of the relationship the child has with each parent

• Each parent’s ability to create a stable environment for the child

• Relationships the child has with other family members

• Any history of domestic violence

• In certain situations, the child’s preferences

• The child’s medical needs
• The ability of each parent to support a strong relationship with the other parent

This is just a sampling of what the court may consider. They can look at any information that allows them to make a decision in the child’s best interests.

Different Custody Options in South Carolina

South Carolina recognizes both physical and legal custody. Physical custody refers to where the child lives. If one parent has primary physical custody, the child lives with them most of the time and then has parenting time with the other parent. If the parents share physical custody, the child’s time may be split evenly.

Legal custody is usually shared between parents, even if one has primary physical custody. Legal custody determines who can make decisions regarding the child’s religious upbringing, education, and medical care. Even when one parent has minimal parenting time, the law generally recognizes their right to make important decisions—unless they have a history of abuse, neglect, or making poor decisions for the child.

The standard non-joint custody schedule generally allows one parent the majority of parenting time. The other gets every other weekend plus one weekday each week, half of the holidays, and part of school breaks. Those who decide to share physical custody have lots of options—some parents choose to do one week on and one week off. Others follow a 2/2/3 schedule, which ensures that both parents get both weekend and weekday parenting time.

But you don’t have to limit yourself to conventional parenting time schedules. Parents are able to create any type of schedule that fits their needs and serves their child’s best interests. If you’re flexible, you can explore different schedules that preserve both parents’ time and allow them to fulfill their other obligations.

Negotiating a Custody Agreement with Your Coparent

As we’ve noted, parents have a lot of freedom to decide which type of parenting schedule suits their needs. The court will only step in and refuse a custody agreement if it is clearly not in the child’s best interests.

This means that you should be ready to negotiate. If you and your co-parent truly cannot come to an agreement, the judge makes the final decision—and that means you lose all control over the process. If you’re able to communicate, either through your attorneys or through a mediator, you can take small steps toward a custody schedule that you can both agree on.

Much depends on your current co-parenting relationship and how you’d like to approach negotiations. If you have an adversarial relationship, you may need to turn down the heat so you can both work toward what is best for your child. If the relationship is a bit more amicable, consider mediation or a collaborative approach. Not only does this allow you to work together toward a solution, but it can also lay a foundation for a positive and productive co-parenting relationship.

How Nowell Law Firm Can Help You

Few family law issues are as stressful as child custody. A lengthy dispute can leave you in limbo for months, wondering if your parenting time is going to get ripped away from you. If the other parent is denying you your parenting time, a custody battle can force you to miss precious memories and time with your little one.

That’s why it is so important to work with a Boiling Springs family law attorney who is committed to doing what is best for you and your child. At Nowell Law Firm, we know the complex factors affecting custody issues and how the court is likely to approach these cases. Whether you’re navigating divorce, figuring out custody with a co-parent you’ve never been married to, or trying to establish paternity and secure your parenting rights, we are here to help you get through this challenging time.

Contact Nowell Law Firm to Start Your Custody Case

Whenever you’re ready to learn more about your custody options, Nowell Law Firm is here and ready to help you get started. Set up a free consultation with our family law team right away by calling us at 864-707-1785 or sending us a quick message online.