A South Carolina Divorce Attorney can Protect Your Visitation Rights in Child Custody Cases

In South Carolina, a divorce attorney can make sure your visitation rights are protected by demonstrating how your time with your child is in the child’s best interest. A family law attorney is familiar with how courts and judges in their area interpret a child’s best interests and can help you prove your case for visitation.

Determining Visitation Privilege

In child custody cases, the court has broad discretion in determining or approving visitation privileges so long as the visitation arrangement is in the best interest of the child or children involved. This means the judge can approve or mandate any visitation arrangement so long as the judge believes it is good for the child or children.

According to Lindsay Blank’s experience as a South Carolina divorce attorney, things that a South Carolina family court judge is likely to consider when determining visitation privileges include:

  • Safety of the children
  • Education of the children
  • Potential stress of the visitation schedule on the children
  • Behavior (including abuse of spouse or child) & attitudes of parents
  • Value of visitation with the non-custodial parent to the children
  • Travel distance required for visitation
  • Psychological impact of visitation on children

The visitation arrangement is usually included in the divorce decree and is, therefore, determined prior to granting final divorce. However, if situations for the parents and/or children change, a judge can modify visitation so the children’s best interests are promoted. A South Carolina divorce attorney can help you ensure this.

Grandparent Visitation

The court can order visitation rights for grandparents when doing so is in the best interest of the grandchild or grandchildren. Court-ordered grandparent visitation usually occurs when one or both of the parents of a child are deceased, or when the parents are divorced and grandparents do not have opportunity to visit with the child without court-ordered visitation. In some circumstances, the court can also order sibling visitation if found to be in the best interest of the children.

Grandparents seeking visitation rights in child custody cases in South Carolina should be represented by a South Carolina divorce attorney. An attorney can help you prove to the court that visiting with you is in the child’s best interest.

Studies Indicate Visitation with Non-custodial Parent is Healthy for Children

Several studies have indicated that children who don’t bond with a parent at a young age have trouble establishing a relationship with that parent when they are older. Therefore, if a court determines a parent is entitled to visitation, it is usually in the child’s best interest that he or she visits with the parent regularly in order to help establish that bond.

Visitation and Domestic Violence

South Carolina courts can only award visitation to parents who’ve committed acts of domestic violence when the safety of the child or children is protected. State law allows the court to deny visitation to perpetrators of domestic violence, but it also allows the court to impose restrictions on visitation so it can still occur. For example, a court may require visitation to occur in a secure location where they can be observed by a social worker or law enforcement officer. If domestic violence is an issue in your case, make sure you have a South Carolina divorce attorney ensuring that your child’s safety and interests are protected.

Free Consultation on Visitation Issues with South Carolina Divorce Attorney Available

If you need advice about visitation rights or arrangements, Lindsay Blanks has over 21 years of experience as a family law attorney 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 South Carolina Divorce 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.

For more information about E. Lindsay Blanks PA, please visit our About Our Firm section.