Custody is awarded in South Carolina based on the best interests of the child. This flexible standard allows a court to consider many different factors when deciding which parent to give primary custody or how to split the custody among each parent. Child Custody Myths There is no provision favoring mothers over fathers or vice versa. Each parent has equal rights in a custody proceeding. However, there can be an issue to overcome for fathers of children born out of wedlock. The mother will have sole custody until the father established paternity and petitions the court for custody or visitation rights. There will be no presumption against the father in these proceedings. Best Interests of the Child The “best interests test” is a legal standard that considers all the facts and circumstances of each case. Among the 17 factors a court can consider are some of the following: The past and current relationship of the child with each parent The ability of each parent to be…
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