Child Custody Factors and Potential Future Changes in South Carolina

In South Carolina, the determination of child custody involves a comprehensive assessment of various factors to ensure the best interests of the child are upheld. Presently, the courts evaluate the following elements when making custody decisions:

1. The temperament and developmental needs of the child.
2. The capacity and disposition of the parents to understand and meet the child’s needs.
3. The preferences of each child.
4. The wishes of the parents regarding custody.
5. The past and current relationship of the child with each parent, siblings, and significant individuals.
6. The efforts of each parent to foster the parent-child relationship.
7. Instances of manipulation or coercive behavior by either parent.
8. Any attempts to disparage the other parent in front of the child.
9. The ability of each parent to actively engage in the child’s life.
10. The child’s adjustment to home, school, and community.
11. The stability of proposed residences.
12. The mental and physical health of all parties involved.
13. The child’s cultural and spiritual background.
14. History of abuse or neglect.
15. Instances of domestic violence or child abuse and their impact on the child.
16. Parental relocation over 100 miles from the child’s primary residence.
17. Other relevant factors deemed necessary by the court.

However, potential changes may be on the horizon with the introduction of H 3481 in the South Carolina House. This bill, currently under committee review, proposes significant adjustments to custody proceedings. If enacted, it would establish a rebuttable presumption that equal parenting time is in the child’s best interest if both parents are willing, able, and fit.

Under this proposed legislation, a parent contesting equal time would need to present evidence to rebut this presumption. Moreover, the court would still be mandated to consider the aforementioned factors, along with an additional consideration: the frequency with which a parent would entrust the child’s care to a nonrelative during times when the other parent is available and willing to provide care.

Furthermore, the bill emphasizes the necessity for court orders to explicitly address why equal parenting time is not deemed suitable if such a decision is made. Additionally, it clarifies that modifications to visitation schedules cannot occur without demonstrating a substantial, material, and unanticipated change in circumstances.

These developments have the potential to significantly impact families and the legal landscape surrounding custody arrangements.