In the State of South Carolina, a child visitation or a child custody order can be modified in certain situations. These orders are usually issued by courts if a child’s parents are no longer in a relationship, have gotten divorced, or are legally separated.
A parent may be able to ask for a modification, or change, of their existing order for numerous different reasons, which may include, but are not limited to:
- The custodial parent becomes incarcerated
- One parent is not following the terms of their order
- The size of a parent’s family changes
- One parent becomes disabled
- A parent needs or wants to move to a different state
- The custodial parent passed away
- One parent enters into active military service
- A parent thinks their child is in danger
In South Carolina, as in other states, custody and visitation orders may be modified if the parties can no longer follow the terms of the order when the requirements of the order no longer work for the parents or if a parent cannot follow the order anymore because of a change in their circumstances. When a child’s parent has a valid ground for requesting a modification, it is important to follow the requirements for petitioning the proper court in South Carolina.
For more information on how a parent can request a modification of their child custody or visitation order in South Carolina, it is important to have a legal consultation with a local attorney in South Carolina.
How Long Does It Take To Get a Modification?
How long it takes to get a modification of a custody or visitation order, or a child custody modification, can vary depending on numerous issues. This includes things such as whether the parents work together to compromise and resolve their issue or dispute, how complicated the changes are that are being requested, when the court has time on their calendar to schedule a hearing.
In general, it often takes anywhere between several weeks to several months for a modification request to be resolved.
When Can You Modify a Custody or Visitation Order?
When a parent in South Carolina has proper legal grounds to ask for a modification of a custody or visitation order, they may be able to obtain one from the court. It is important to be aware that, when the parents are involved in an arrangement that is working well for everyone involved, the court may not be inclined to modify the order.
There are numerous different grounds that a parent may have for requesting a modification of their order, for example, if the parent’s job or the child’s needs change. All courts, including those in South Carolina, follow the child’s best interest standard when making child custody decisions, including modifications to orders involving children.
There are also other grounds that may serve as the basis for a modification, such as:
- A parent is not following the requirements outlined in the order
- Child abuse is alleged
- The parent can show they recovered from an issue
A parent is not following the requirements outlined in the order
A custody or visitation order can be modified when a parent is not following the requirements of the order, such as not attending scheduled visits. If this occurs, the court may determine that having visitation with that parent is no longer in the child’s best interests.
Child abuse is alleged
Child abuse is a very serious allegation that can result in modifications of child visitation or custody orders. Courts deem child abuse situations as immediate dangers to the child’s well-being.
The parent can show that they have recovered from an issue
In some cases, a child’s parent may have had an issue that prevented them from obtaining the custody or visitation they desired with their child, such as substance abuse. After the parent has worked to recover from their issue, they can ask for a modification of their order.
The parent will most likely have to show the court some kind of proof, for example, a completion certification from a rehabilitation program. If they are able to do so, they may be awarded increased rights.
How to File a Petition for Modification of Child Custody or Visitation Order
If the parents of a child want to modify their current visitation or custody order, they will have to ask the proper court for a modification. When a parent requests a modification, they may have to pay a fee to file their petition, which can vary by location.
In addition, a court may also require a petitioner to complete additional forms to be submitted along with their request. An attorney can advise a parent on exactly what has to be submitted along with their modification request.
When a court receives a modification request, it usually has a hearing where both of the parents explain why they do or do not wish to modify their existing order. Once the hearing has occurred, a court will grant or deny the request or it may make a different modification than requested based on the arguments presented.
Will Parents Have To Attend Mediation?
In some cases, a court may require a child’s parents to participate in family mediation so they may be able to reach their own agreement that fits their unique needs. A child’s parents may also use family mediation on their own to save money and time resolving their issue outside of court.
Family mediations are conducted by neutral third parties, called mediators. Mediators help parents discuss and compromise on whatever issues they are able to. If a child’s parents can agree on aspects of their custody or visitation arrangement, their lawyer can put it into writing and submit it to the court to be approved.
What Are Temporary Child Custody Modifications?
Temporary child custody modifications are changes that are made to visitation or custody orders that are temporary. This means they only last for a short time or for a specific time.
These types of short-term modifications can assist parents with temporary issues, such as:
- Incarceration of a parent
- A parent getting a new job or job schedule
- Financial difficulties
- A parent being deployed in the military
- One parent having a health issue
- Health or safety concerns involving the child
Many temporary modifications will include an event or a date when the terms of the original order will apply again. When a case involves allegations of child abuse, a temporary order may be issued to remove the child from their home on a temporary basis to investigate and resolve the abuse allegations.
Do I Need a Lawyer To Modify a Child Custody or Visitation Order?
If you are a parent in the State of South Carolina who would like to request a modification of an existing child custody or visitation order, it can be helpful to consult with a South Carolina child custody lawyer for information on the costs and requirements. Your custody attorney can help you during the entire process, which includes drafting and submitting your request.
LegalMatch provides free and easy to use lawyer matching services that can help you find lawyers in your area who will help you with your South Carolina modification request. Your attorney will represent you during any negotiations, hearings, and mediations that you have to attend.
All you need to do is submit your question or issue on the website, which takes as little as 15 minutes. After this, you will receive messages from lawyers in your area in about 24 hours who can help you with your South Carolina child visitation or custody modification request.
