The following form is a Petition that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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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)
Sole custody means that one parent makes the major decisions about issues such as the child's education, religion and health care. Generally, the child would live primarily with this parent. This parent would now have sole decision-making responsibility and the majority of parenting time.
A mother who is proven to have physically and or psychologically abused her children is highly likely to lose custody of her children. Examples of physical abuse include hitting, kicking, scratching, biting, burning, physical torture, sexual abuse, or any other type of injury inflicted on the child by the mother.
When a married couple separates, both parents have equal rights to seek custody of their children. But custody arrangements are less cut and dry for unmarried parents. By default, South Carolina grants sole custody of a child to the natural mother if she is unmarried.
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.
To modify South Carolina child custody, you must show that 1) there has been a material change in circumstances (the change in circumstances happened after the court's original child custody determination), and 2) the change affects the child's best interest.
A court will not approve a divorce modification without a substantial change of circumstances for at least one of the two parties. Seeking modification without a substantive claim, or for a minor issue, may be seen as a nuisance to the court and may hurt your long term chances of modifying a divorce order.
If the child is under 12, most courts will not allow the child to voice their preference. Once the child is 14, the court will take the child's preference with more weight.
