We are oftentimes asked to explain how and why the family court awards custody to one parent or another. These questions include whether the child’s wishes count or whether a father can take custody of an infant. In South Carolina, a family court judge decides which parent should have custody based on what the court views as being in the children’s best interests. In making its decision, the family court considers several factors and issues which include:
Parent’s Fitness. Some of the specific things that tend to show unfitness are drug and alcohol abuse; emotional and mental instability; and immoral conduct such as exposing the children to an adulterous relationship.
Parenting Skills. Good parenting skills include consistency and fairness in discipline, teaching independence, establishing family routines such as meals and study times, setting good examples, teaching respect for other adults and authority, stressing the importance of education, showing affection, being involved with school and extracurricular activities, planning good nutrition, reading together, providing regular medical and dental care, and other skills.
Primary Caregiver. The family court will consider which parent has traditionally been the primary caregiver to the children.
Parents’ Time for the Children. The family court oftentimes considers which parent will have more time available to spend with the children.
Parental Alienation. The family court will consider whether a parent is making attempts to damage the children’s relationships with the other parent. Such attempts typically include making negative comments to the children about the parent and interfering with the children’s ability to communicate with and to spend time with the other parent.
Opinions of Others. A family court judge may consider the opinions of others such as social service agencies, doctors and other medical providers, psychologists, and psychiatrists to name a few.
Children’s Preferences. A family court judge is required to consider the children’s preference for custody. Contrary to popular belief, there is no specific age when a child may somehow decide where the child should live. The greater the child’s age, experience, maturity, and judgment, the more likely the child’s preference will have some impact on the family court’s decision.
Financial Resources. Greater financial ability to provide for the children can be a very important factor considered by the family court.
Home Environment. The family court will consider which parent provides a more stable and consistent home environment.
Relatives. The family court may look with favor upon the availability of relatives to help care for the children unless it appears that the involvement of relatives is too much.
Domestic Violence. Under the South Carolina law, a family court judge must consider evidence of domestic violence in deciding which parent should have custody.
Child’s Age, Health, and Sex. Years ago, the family court oftentimes gave mothers the custody of their young children. This was known at the “Tender Years Doctrine.” In South Carolina, since 1995, the Tender Years Doctrine can no longer be considered in deciding child custody cases, and both mother and father are considered to be equally capable for caring for an infant or young child unless the court is shown otherwise. Regarding health, the family court may consider whether the child has any special needs and which parent is more able to meet those needs. Lastly, the court may consider the impact a parent’s gender may have, in relation to the child’s gender, on rearing the child.
Religious Beliefs. The family court may consider which parent supports and fosters a religious upbringing for the children.
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