It is unfortunate when a South Carolina marriage ends in divorce. However, it is not uncommon as people who might have made a mistake when they married, grew apart or had other issues that necessitate the end of the marriage move on. If there are children, it adds a significant layer of concerns to the process. The child will take precedence and, in a best-case scenario, the parents will understand that and take it into account as child custody and visitation rights are determined. Understanding what factors the court will consider when making sure the child is safe and adequately cared for is a vital part of the process.
In South Carolina, child custody and visitation rights are not always a matter of dispute between parents. Often, others have a relationship with a child and want to at least see the child or have outright custody. These situations can be complicated and difficult to navigate. One that comes up frequently is if there is a de facto custodian. Understanding how the law views a de facto custodian is essential for the parents and anyone else involved in the child's life.
Child custody is one of the most difficult issues in any South Carolina divorce. This is true personally and emotionally. Often, both parties will want to have custody of a child and the state has laws in place that are designed to consider child custody and visitation rights for the parents as well as what is in the child's best interests. As the process begins, the parents should be cognizant of the law and act accordingly while simultaneously factoring in how every decision might impact the child. Having legal advice is a critical factor in these cases.
When there is a disagreement over child custody and visitation rights in South Carolina, the parents or anyone else who is interested in the child's care and well-being should understand how a custody order is handled under the law. One aspect of child custody that is of concern to many people living in the state is what happens if a parent is a member of the Armed Forces and is deployed. With this, it is important to understand the content of a temporary custody order.
When South Carolina parents are no longer together in a relationship and share a child, child custody and visitation rights will be a major factor as they move on. In many instances, the couple can put their personal differences aside and negotiate a reasonable agreement as to which parent the child will live with the bulk of the time and when the other parent will have visitation rights. Other cases, however, can be more complicated with the parties wanting custody and disagreeing with how the visitation is allocated. A key factor in the determination is the best interest of the child. Knowing what the law says about best interest is integral to a case.
Since child custody and visitation determinations are based on the best interests of the child in question, there are many elements that can come into play. As we discussed previously, domestic violence can play a role in a child custody dispute but so, too, can other issues. Substance abuse is a common problem that can have a negative impact on a child, and may therefore justify a child custody or visitation modification. The same holds true when a parent is emotionally abusive toward a child or he or she lacks the funds to adequately care for the child.
Ending a relationship, especially if it's a marriage, can be emotionally devastating. Even when it's not, the untangling of finances can be a headache. However, for most South Carolina couples going through a breakup, the most important thing to them is their children. Dealing with child custody and visitation issues can be heated when disagreements arise, which is why individuals need to be prepared to make strong legal arguments to support their position.