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However, if your child refuses, the non-resident parent could apply to the Court and the resident parent could be held in contempt of Court. If your child regularly refuses contact with the other parent, you can apply to the Court for variation of the order or to have it discharged.
In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.
In South Carolina, a child does not get to choose which parent to live with, but the family court may consider the child's preference.
Generally speaking, if the child is younger than 12 years old, the court will likely not heavily weigh the child's preference. When a child is between 12 and 14 years of age, a court will weigh the preference more heavily, but the court will not necessarily make a decision based on that preference.
Generally speaking, if the child is younger than 12 years old, the court will likely not heavily weigh the child's preference. When a child is between 12 and 14 years of age, a court will weigh the preference more heavily, but the court will not necessarily make a decision based on that preference.
Despite popular belief, there is no specific age in South Carolina whereby the child gets to choose where he lives. Family court judges are hesitant, for good reason, to consider giving any child the power to tell his or her parents what he or she will or will not do.
In marriage, parents in South Carolina have equal power, rights, and duties regarding their children. However, under South Carolina child custody law, divorce can drastically change that. In addition, if the parents were never married, then custody is solely with the mother unless the father goes to court.
Many clients ask me whether there is an age can a child have to be to refuse visitation. Under South Carolina's family laws, there is no set age at which a child can refuse to go visit with the other parent.
Parents can share physical and/or legal custody, or one parent may have sole physical or legal custody. Joint custody in South Carolina means that both parents have frequent contact with their children and have an equal say in the child's upbringing.
Many clients ask me whether there is an age can a child have to be to refuse visitation. Under South Carolina's family laws, there is no set age at which a child can refuse to go visit with the other parent.