South Carolina Child Custody Laws: How Custody Is Decided

In South Carolina, the Family Court decides child custody based on the best interest of the child, weighing a specific list of statutory factors. There is no automatic preference for the mother, the father, or for joint custody — the court can award joint custody to both parents or sole custody to one parent, and if the case is contested or either parent asks for joint custody, the judge must consider all of the options before deciding. (S.C. Code Ann. § 63-15-230)

How South Carolina Decides Custody

South Carolina law requires the Family Court to base a custody decision on what is in the best interest of the child, and to consider a set list of factors in reaching that decision. Under the statute, those factors include:

• The child's own preference, where appropriate
• Each parent's capacity to care for the child
• The existing parent-child relationship
• Whether each parent will encourage a continuing relationship with the other parent
• The stability of each proposed living arrangement
• Each parent's mental and physical health
• Any history of domestic violence or abuse
• Whether the child has relocated more than 100 miles in the past year

These factors come directly from South Carolina's custody statute. (S.C. Code Ann. § 63-15-240) No single factor automatically decides the case — the judge weighs all of them together, and the outcome depends heavily on the specific facts of each family.

Joint Custody vs. Sole Custody

South Carolina law recognizes two basic custody arrangements:

• Joint custody — both parents share equal rights and responsibilities for major decisions about the child, including education, medical and dental care, extracurricular activities, and religious training.
• Sole custody — one parent alone holds those rights and responsibilities.

(S.C. Code Ann. § 63-15-210) Importantly, South Carolina law does not presume that joint custody is preferable, and it does not presume that sole custody is preferable — the Family Court decides based on the best-interest factors above, on a case-by-case basis. (S.C. Code Ann. § 63-15-230)

Parenting Plans Are Required in Contested Cases

If custody is contested — meaning the parents cannot agree — South Carolina law requires each parent to prepare, file, and submit a proposed parenting plan to the court. (S.C. Code Ann. § 63-15-220) This plan is your opportunity to lay out, in writing, how you propose custody, decision-making, and time with the child should work. Because the statute doesn't spell out every required form or local filing procedure, ask your county Family Court clerk what parenting-plan forms or local rules apply in your case.

Which Court Handles Custody in South Carolina

The South Carolina Family Court has exclusive jurisdiction over divorce, separate support and maintenance, child custody, child support, and visitation. (S.C. Code Ann. § 63-3-530) Custody matters are frequently raised alongside a divorce filing. If you are filing for divorce in South Carolina, the residency rule is: one year of residency for the filing spouse if only one spouse lives in South Carolina, or three months if both spouses are South Carolina residents. (S.C. Code Ann. § 20-3-30) A standalone custody action (not tied to a divorce) can also be filed in Family Court — check with the clerk of court in your county for the specific procedure that applies to your situation, since local practice can vary.

Moving With a Child (Relocation)

If a parent with custody wants to move, South Carolina no longer applies a legal presumption against relocation — that presumption was abolished by the South Carolina Supreme Court. Relocation by itself is not automatically treated as a "substantial change in circumstances" that would justify reopening a custody order; instead, a proposed move is evaluated under the same best-interest standard used in any custody decision. (Latimer v. Farmer, 360 S.C. 375, 602 S.E.2d 32 (2004)) At the same time, remember that a child's relocation of more than 100 miles within the past year is itself one of the statutory best-interest factors a court can weigh. (S.C. Code Ann. § 63-15-240) In practice, this means a move can matter to a custody case, but it does not by itself decide the outcome — the specifics of your situation matter, so this is an area worth discussing with the Family Court or an advocate before you move.

Custody Cases That Cross State Lines

South Carolina has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which determines which state has jurisdiction over a custody case based primarily on the child's "home state." (S.C. Code Ann. § 63-15-300 et seq.) This works together with the federal Parental Kidnapping Prevention Act, which requires states to give full faith and credit to a custody or visitation order issued by the child's home state, and generally bars a second state from modifying that order while the original state still has jurisdiction. This combination is designed to prevent forum-shopping and competing custody orders between states. (28 U.S.C. § 1738A) If your family has recently moved between states, or a parent is trying to obtain an order in a different state, jurisdiction can become a real issue — flag this to the court or an advocate early.

Special Federal Protections to Know About

• Native American families: The federal Indian Child Welfare Act sets minimum standards for removing Native American children from their families and for foster, adoptive, and termination proceedings, and gives tribes a jurisdictional role and notice rights in cases involving an Indian child. (25 U.S.C. §§ 1901-1923)
• International abduction: The International Child Abduction Remedies Act implements the Hague Convention in U.S. federal courts, providing a process to return a child who was wrongfully removed to or kept in the United States — it decides the return question, not the underlying custody merits. (22 U.S.C. § 9001 et seq.)
• Military parents: The Servicemembers Civil Relief Act allows a servicemember whose military duties materially affect their ability to appear to request a stay of at least 90 days in a civil case, including a custody case. (50 U.S.C. § 3932)

Time-Sensitive Facts to Double-Check

Family law statutes and local Family Court procedures can be amended or updated. Before relying on any specific deadline, form, or fee mentioned by a court employee, mediator, or opposing party, confirm the current version directly with your South Carolina Family Court clerk or the South Carolina Judicial Branch, since procedural details are more likely to change than the underlying best-interest standard.

What You Can Do in South Carolina

1. Identify the right court. Custody cases in South Carolina go to Family Court in the appropriate county — usually where the child lives.
2. Check jurisdiction if more than one state is involved. If your child has recently lived in another state, ask the clerk or an advocate whether South Carolina is the child's "home state" under the UCCJEA before you file.
3. Prepare a proposed parenting plan. If custody is contested, you will need to file one — start drafting how you want decision-making and time with your child to work.
4. Gather evidence tied to the statutory factors. Document things like caregiving history, stability, school records, health information, and any safety concerns, since these map directly onto what the judge must consider.
5. Ask about relocation early. If a move (by either parent) is on the table, raise it with the court or an advocate before finalizing plans, since it can be relevant to the case even though it's not automatically decisive.
6. Flag special circumstances immediately. If a Native American child, an out-of-country parent, or an active-duty military parent is involved, tell the court right away — federal law may add extra steps or protections.
7. Confirm current procedures with the court. Local rules, forms, and timelines can vary by county and can change; check with your Family Court clerk rather than relying on secondhand information.

This article is for general information only and is not legal advice; consult a South Carolina Family Court or a qualified professional about your specific situation.