Even though I’m their father, can I assume that the mother of my children will get custody of them when we divorce?

No, that is not a correct assumption. Although there may have been a time in the past when the mother was favored in child custody decisions in South Carolina, family law has changed.

If the court determines the custody of your children, South Carolina law says the decision is to be made according to what meets the “best interest” of the child.

In an ideal scenario, you and your spouse would amicably agree to custody and visitation arrangements that are best for your children and each of you. Then, you would ask the judge to approve it and enter it as a final, enforceable custody order at a final hearing.

If you cannot come to agreement either on your own or by mediation, you and your spouse would present your own separate plans through witnesses and evidence to the judge hearing your divorce case at trial.

The judge would make a final decision.

Your family law attorney would help you through each stage of the process.

Our Child Custody page provides a more in-depth discussion of this issue.

Posted in: Family Law FAQs