FAQ — Child Support, Custody & Visitation

Child SupportWhat factors may the Court consider when awarding custody?

The paramount consideration the Court looks to in all child custody controversies is the best interests of the child. There are a variety of other factors the court may consider when awarding custody such as:

  • religious faith
  • child’s reasonable preference, when appropriate
  • domestic violence issues
  • the character, fitness, attitude and inclination on the part of each parent as he or she impacts the children
  • who has been the child’s primary caregiver
  • immoral conduct by a party that would be detrimental to the welfare of the child
  • the psychological, physical, environmental, educational, medical, family, emotional, and recreation aspects of each child’s life
  • any written agreement between the parties

Given the complexity of and the unique nature of each case, we highly recommend that you consult with a knowledgeable and experienced family law attorney when dealing with such an action, such as the attorneys here at The LaMantia Law Firm.

What types of custody arrangements exists in South Carolina?

South Carolina Family Courts can award parents, and in some cases non-parents, either sole, joint or shared custody of a child. On the reverse end of the spectrum, the Family Court also has jurisdiction to terminate a parent’s parental rights. Many factors affect the custody award — all of which you should discuss with an experienced Family Court attorney.

What factors does the Court consider when establishing child support?

In South Carolina, child support is governed by the Child Support Guidelines promulgated by the South Carolina’s Department of Social Services. In rare circumstances, the court can deviate from these guidelines.

Please refer to the Child Support Calculator to calculate your child support amount. While the Child Support Calculator may provide some basic guidance as to what to expect, one should consult with one of our experienced attorneys to understand the totality of the circumstances involved in calculating support for your children. The calculator should only be used as a guideline, not a substitute for the advice for skilled counsel.

Is it possible for a father to get custody?

Absolutely. The paramount consideration in all child custody controversies is the best interests of the child. South Carolina has abolished the “Tender Years Doctrine,” which gave mothers a preference when awarding custody of young children, and recognizes the invaluable contribution of fathers to their child’s emotional well-being.