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The younger a child is, the harder it is to satisfy the family court that the child has enough maturity and judgment to make a reasonable decision. Children Under 12 Years Old ? There are no South Carolina cases indicating that the family court will give great weight to the wishes of a child under the age of 12.
Once the child is 12 years old, they can start to voice their preference of parent to live with, but the court will still take into account the child's age, ability to show preference, maturity, and their experience in choosing which parent to live with.
The parent has a diagnosable condition not likely to change within a reasonable time, including alcohol or drug addiction, mental illness, or extreme physical incapacity, and the condition makes the parent unable or unlikely to provide minimally acceptable care for the child.
Sole custody means one parent has the right and responsibilities for major decisions concerning the child. Parenting Plans (S.C. Code Ann. § 63-15-220)
When a child is born and the parents are not married, either parent may file a case to establish parentage. This means that parents are asking the court to make a ruling as to who the parents are, and who is legally responsible for that child.
While there is no precise age in which the child can choose, South Carolina family court judges are likely to give more weight to an older child's preference based on his or her maturity, judgment, and ability to make reasonable decisions.
Joint legal custody is the most common custody arrangement granted by courts. Why is that? One of the most significant advantages of joint custody is that a child will grow up with influence and input from both parents.
Neither the father nor the mother will be given any preference, and the court will award custody based on the best interest of the child's interests. In determining the best interest of the child, the court will consider: Each parent's character, fitness, attitude. Each parent's relationship with the child.