Details

Written by Peter Worthington

The South Carolina Code of Laws contains all of the rules and guidelines in the state. Within these laws there is a branch of domestic and family law. These are the rules that govern any type of domestic proceedings--marriages, divorce, child custody, etc. The child custody laws are of particular importance to parents who are separating or divorced. These are the rules that parents must learn to know how to handle their custody situation. Some of the guidelines affect the making of the custody and visitation schedule. Parents must familiarize themselves with these laws so that they can create the best possible custody schedule.

The laws that pertain to the custody and visitation schedule are found in Sections 3 and 7 of Title 20. These guidelines consider how the child is cared for after the parents separate, and if the parent's should consider the wishes of the child when making the custody and visitation schedule. There is also information about how the court accepts a schedule as the custody order.

To begin with, the state must look after the best welfare of the child after the parents are no longer together. The state gives authority to the court (in Section 3 of the Code) to make decisions about custody matters. The statute is very clear that any decision made by the court must benefit the child and provide for the care and maintenance of the child. This includes any decisions that are made about the custody schedule. The parents must make a schedule that fulfills the needs of the children. Enough time should be given with both parents so that the child can continue to develop and maintain a relationship with them. The court will not accept a visitation schedule that doesn't clearly reflect what the children need.

Along with this, the code specifies the process of getting a schedule accepted by the court. If the parents agree, the court will accept the schedule they make together. If the parents are unable to agree, they must both present a case to the judge and the judge will determine a schedule that suits the situation. Once the schedule is accepted, it becomes the custody order and it is legally binding.

One last thing to consider about laws that affect the schedule is Section 7. This law has been repealed, but it still contains valuable advice that parents should know. The state used to take very seriously the wishes of the child when deciding custody matters. The weight given to the child's preference depends on the child's maturity and reasonableness. Parents should think about if their child has a strong opinion about the custody and visitation schedule. Of course, the child shouldn't determine everything in the schedule, but the opinions can be considered and the parents can include the child as much as possible in the proceeding. This generally results in a better schedule.

Discover how Custody X Change can help you create the best South Carolina visitation schedule for your situation, and get the help you need to make your South Carolina custody schedule.