When Not Married, Who Gets Custody of the Children in South Carolina?
Child custody cases can be complicated and challenging, and those challenges are only increased when the child's parents are unmarried. In South Carolina, the judge in a custody case will focus on what is best for the child.
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Child's Welfare
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In South Carolina, the court's number one concern in granting child custody is the welfare of the child. This is determined by a number of factors, which can be specific to individual custody situations, including the parents' and child's preferences regarding custody; the child's relationships and emotional connections with parents, siblings and extended family; each parent's home situation; and the child's emotional and physical well-being.
Primary Caregiver
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In most cases, the parent who is the "primary caregiver" will be granted primary custody. It is rare for a South Carolina court to grant full custody to a father when a child is already being raised by his mother, unless the mother is unfit.
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Shared Custody
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South Carolina courts will take into consideration a father's involvement in the child's care. Shared custody is not uncommon when both parents are fit and heavily involved in the child's life and care.
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