Custody & Visitation — Frequently Asked Questions
This information is for general educational purposes only and does not constitute legal advice. Every case is different. For advice specific to your situation, schedule a consultation with a licensed South Carolina family law attorney.
Below are answers to the most common questions our clients ask about child custody and visitation in South Carolina. These questions cover the different types of custody, standard visitation schedules, and common restrictions that courts can impose.
For more information on custody matters, see our article on grandparent custody rights in South Carolina.
Legal custody refers to decision-making authority over major issues affecting the child (education, medical care, religious upbringing). Physical custody refers to where the child lives on a day-to-day basis.
Joint legal custody requires parents to consult with each other before making major decisions about the child. However, one parent is usually designated as "primary" and has the final say if the parents cannot agree.
Standard visitation for the non-primary parent is typically every other weekend (often Friday to Sunday or Monday) and perhaps one evening during the week, plus alternating holidays and shared weeks in the summer.
Yes, you can agree to any schedule, such as week-on/week-off or a 2-2-3 rotation. However, courts in South Carolina generally do not order 50/50 schedules in contested trials unless circumstances are particularly compelling.
Yes. You can request a restriction prohibiting the consumption of alcohol during parenting time.
You can require the use of monitoring technology such as Soberlink or BACtrack (breathalyzers with facial recognition) before and during parenting time.
Yes. You can request hair follicle or nail bed testing to detect historical drug use (going back roughly 90 days) if there are allegations of substance abuse.
Standard court orders typically include a "paramour provision" prohibiting a parent from having a romantic partner overnight while the children are present.
Standard orders usually require notice (often 90 days) before moving more than a certain distance (e.g., 15 miles). Relocating out of state requires court approval or the agreement of both parties. Courts evaluate relocation requests based on the best interests of the child, considering factors such as the motive for the move, the quality of the child's relationship with each parent, and whether a realistic substitute visitation arrangement can maintain the non-custodial parent's relationship.
Yes, agreements and court orders can include a restriction on corporal punishment (spanking) during parenting time.
If you have questions about the issues discussed on this page, call (803) 587-0472 or email Nick@NDMLaw.com to schedule a consultation with Attorney Nick Mermiges.