Greenville, SC, How is Child Custody Determined?

Mar 18, 2020 8:05 PM ET

After a married couple decides to split, they must face the major question of how their children should be raised. When both partners were previously living under one roof, they didn’t have to worry about sharing time with the kids or being able to spend their birthdays and special holidays together. After a couple of divorces, however, they will have to decide how much time they get to spend with their child and how much time the other parent gets to enjoy.

In South Carolina, both parents have equal rights, and equal duties when it comes to their children. However, depending on the specific circumstances of the case, one parent can win more rights over their child, and they may even be able to win sole custody. A family law lawyer in Greenville, SC, can educate a parent on their rights and can work with them to ensure they get as much time with their child as possible.

Sometimes, one parent automatically gets more preference then the other parent. One case in which the mother always gets preference in child custody cases is when the child was born out of a marriage. If there was no marriage contract between individuals and they had a child, then the custody of the child will always belong to the mother. If fathers want a chance at getting legal custody of their child, they need to head to court and litigate custody. The main factors that judges will take under consideration are the best interest of the child. Whatever decision they make will be based on what they feel is best for the children who are being sought-after.

Do I have to go to court for custody of my child?

 

Both parents should work out between themselves how the child will be raised and who the child will live with. However, if individuals are having a difficult time coming to a proper conclusion, they should reach out to a lawyer to help mediate between themselves. A lawyer will be able to reason with both parties and help them make a decision that benefits them and their children in the best way possible.

In extreme cases, however, if both individuals cannot come to an agreement or a compromise, they can litigate against the other parent and demand custody in court.

Both parents are financially responsible for their children, no matter who gets custody at the end. It is important to remember that in many cases, parents and relatives will be given visitation rights so they can remain in the child’s life one way or the other. If a person believes that the other parent is abusive or that the child is at risk in the parents presence, they should mention it to their lawyer and if they can prove they have a valid reason to hold those fears, they can win sole custody of their child with no visitation rights being granted to the abusive parent.

 

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