top
Custody & Visitation


Whenever child custody is at issue, the family court will take such action as it deems in the best interests of the children.  A guardian ad litem will be appointed to represent and protect the best interests of the children.  The guardian ad litem is usually an attorney who is either agreed upon by both parties, or selected by the family court judge.  The guardian ad litem's duties include, but are not limited to speaking with the children, interviewing the parties and other witnesses, conducting home visits and reviewing relevant records pertaining to the child.  The parties may also be required to undergo a psychological evaluation and interview by a psychologist appointed by the court.  Absent significant misconduct which effects the children, the court is most likely to award custody of the children to the party who has been the primary caretaker of the children.  The other party usually receives visitation. 

A standard visitation arrangement in South Carolina usually consists of every other weekend from Friday at 6:00 p.m. through Sunday at 6:00 p.m., one evening during the week from approximately 5:00 p.m. through 7:00 p.m., alternating major holidays and 2 to 4 weeks of summer vacation.  Courts seldom award joint custody in a contested custody case.  There is no statutory definition of joint custody.  It most often is awarded when the parties agree on joint custody and then define the terms of the joint custody.

top
Disclaimer: Our Web site provides general information to the public and is not intended as legal advice in any particular situation or to any specific individual. Before relying upon the contents in our Web site regarding a particular legal problem or situation, you should first obtain professional consultation with our office. There can be no attorney and client relationship between our firm and any individual, nor any duty to act on their behalf, until there is a written fee agreement signed by both client and attorney.