Hire a Child Custody Attorney When You & the Other Parent Don’t Agree on What’s Best for Your Child

When it comes to child custody, an attorney can protect your rights and the best interests of the children involved. According to South Carolina family law, when parents don’t agree on what’s best for their children and divorce is in process or already granted, it is up to the courts to decide who gets physical and legal custody and how visitation is arranged. In such circumstances, an attorney can help you gather and present evidence to demonstrate to the court why you should get custody of your children.

Types of Custody

There are two types of custody that are considered by the court in a custody dispute: physical custody and legal custody. Physical custody refers to who the child lives with. Legal custody refers to who has decision-making authority regarding the child or children involved.

Child Custody Awards
For each type of custody the presiding judge can award either sole custody or joint custody. Sole custody means one parent has total custody. Joint custody means the parents share custody. Your child custody attorney can explain how a judge is likely to award custody in your case, but usually a judge will either award sole physical custody to one parent or award joint legal and physical custody. Usually courts will not award joint custody but they will approve an agreement for joint custody if both parents agree. Joint legal custody means both parents have the right to have input into the decisions regarding the child. An example of joint physical custody would be a situation in which the child or children lived with one parent during the school year and the other parent during summer months.

Best Interests of the Child
Where children and divorce or unmarried parents are concerned, South Carolina family law dictates that the controlling factor determining custody award is the child’s best interest. The judge will consider the character of each parent, their conduct (such as whether one parent is abusive), their attitudes and whether the parents are fit to maintain custody. Sometimes a guardian ad litem is appointed to represent the child’s best interest. In a dispute over child custody, an attorney can help you understand what the court will consider and how to present evidence so that the court will agree with your point of view.

Receive Free Consultation from a Child Custody Attorney

If you need advice about South Carolina family law or need an expert in custody of children and divorce issues, Lindsay Blanks has over 24 years of family law experience and will speak with you about your case free of charge. Find out more on our Free Consults page by clicking here: Free Consultation with Child Custody Attorney

Or you can call E. Lindsay Blanks PA at 843-863-1800.

For more information about divorce and custody issues, please visit the Family Law and Free Resources sections of our web site.

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