A parent might be able to obtain full custody of their child in certain situations in the state of South Carolina. Full custody is an arrangement where one parent is responsible for all of the duties associated with raising their child.
There are certain specific situations in which full custody is more commonly awarded to a parent, including:
- When one parent has a negative criminal record or becomes incarcerated
- One parent is disabled, becomes ill, or becomes incapacitated
- A court determines that one parent is not fit to raise the child
- A parent has a history of previous abuse or neglect
When a child’s parent is awarded full custody, they will receive legal and physical custody. If one parent is awarded full custody, it does not mean that the other parent will not be able to have any visitation with the child.
The parent who is awarded full custody is called the custodial parent. Their other parent is referred to as the non-custodial parent.
In most citations, non-custodial parents are given visitation rights of varying degrees. The amount of visitation rights that the non-custodial parent receives will vary depending on the facts of each case.
What Are the Requirements for Full Custody?
Parents should be aware that they may have to fulfill some full custody requirements before they are awarded full custody in their jurisdiction. This may include showing the court that they are a fit parent who can put the best interests of their child first as well as provide them with a stable and nurturing home environment.
The parent seeking full custody may need to provide evidence showing that the other parent would not be suited to care for their child due to issues such as instability, neglect, or abuse. When a court makes decisions in cases that involve children, especially child custody cases, it will consider numerous factors, including:
- If neglect or abuse has occurred
- Which of the child’s parents will be able to provide financial stability for the child
- Which of the child’s parents are best fit to care for the child
- Which parent will be best able to provide a stable home environment
- If the child has preferences on which of their parents gets custody, the court may consider those preferences when the child is old or mature enough to express them
- The child’s best interests, which includes their educational, emotional, and physical needs
Are Full Custody and Sole Custody the Same Thing?
Although many individuals use the terms full custody and sole custody interchangeably, there are important differences between the two.
Full custody
When a parent has full custody, they have legal and physical custody. The parent with full custody will have the right to make most of the divisions on their child’s behalf, including their:
- Education
- Healthcare
- Religion
- Extracurricular activities
A child will live in the home with the parent who has physical custody. This means that a parent with physical custody will be responsible for their child’s:
- Clothing
- Shelter
- Food
- Other necessary expenses
When one parent receives full custody, the other parent is often awarded visitation rights. Full custody may be a more demanding arrangement for a custodial parent than other types of custody because they will be responsible for most aspects of raising the child.
There are other custody arrangements that may be available when full custody is not or cannot be awarded for some reason, such as:
- Legal guardianship
- Shared or joint custody
- Planned visitation
Sole custody
Sole custody is an arrangement when a non-custodial parent is typically not provided any custody or visitation rights. Sole custody is usually only used in situations when only one parent is in the child’s life. This is because courts consider maintaining a relationship with both parents to be in a child’s best interests.
To find out more about the types of custody arrangements that may be available for a parent in South Carolina, an individual should have a lawyer consultation with a local South Carolina attorney.
How Is Custody Determined?
When a court makes child custody decisions in South Carolina, it will make any decisions following the child’s best interests standard. This will include reviewing the unique issues and facts of the case, in addition to:
- The mental and physical health of each of the child’s parents
- The background and lifestyle of each of the child’s parents
- The child’s age, sex, and other personal characteristics
- Which of the child’s parents will be more likely to facilitate an ongoing relationship with the child’s other parent
- When the child has attachments to other individuals in the house, such as a sibling or step-parent
- Which parent can provide the child with emotional and financial support
- Factors in the child’s environment that can impact them, such as:
- The quality of available education in each parent’s school district
- The safety of each parent’s neighborhood
- The proximity of each parent’s residence to the child’s extracurricular activities
- Whether the child has special needs or disabilities that may result in the child being more comfortable or accustomed to one parent giving them their specialized needed daily care
- If the child is 12 years or older and mature enough to share their preferences, the court may consider them
Once a court makes a decision in a child custody case, it will issue a child custody order. When a child’s parents are involved in a legal separation or a divorce case, they may need to ask the court to issue an order.
In some locations, the custody laws for unmarried parents states that mothers will usually be given primary custody until the child’s biological father asks the court for visitation or custody rights.
When Is Full Custody Awarded?
Full custody will not be given to a parent simply because they ask for it. This arrangement is only awarded to one parent when a court determines it to be in the best interests of the child.
When a parent is interested in getting full custody of their child, they need to be prepared to show the court that:
- They are the best choice to raise the child
- This should be done without belittling or insulting the child’s other parent
- The child’s other parent has not exaggerated or falsified information or documents in their custody petition
- If this does occur, the parent may face negative legal consequences, such as contempt of court
- They have documents showing they are able to provide for their child, such as:
- financial statements
- back statements
- proof of housing
Do I Need To Hire a Lawyer for Help With Child Custody Issues?
If you are a parent in the State of South Carolina who has any issues or concerns about the custody of your child, you should reach out to a South Carolina child custody lawyer. Your attorney can assist you with understanding the laws in South Carolina that may apply to your case in addition to your rights under the laws of the state.
If you are looking for a child custody lawyer in your area, LegalMatch is a great place to start. You only need around 15 minutes to submit your concern on the LegalMatch website and you will get responses from member lawyers in 24 hours.
The messages from attorneys that you receive will include information about each lawyer’s background, fees, and education. Some lawyers will also offer free consultations, which will give you a no-obligation and no-cost chance to meet with them and determine if they will be a good fit.
Jose Rivera
Managing Editor
Editor
Last Updated: Feb 4, 2025