Child Custody Attorney
Summerville · Moncks Corner · Goose Creek · Charleston
When Your Child’s Future is at Stake…
Child custody can be the most emotionally charged part of a divorce. It may feel as if your world is falling apart, and now your spouse or former spouse wants to take your children away, too?
The child custody attorneys at Templeton, Mims, and Ward understand that every client comes to us with different circumstances and different needs.
For instance, maybe both parents are supportive and love their child, but need to resolve key issues. Common issues are who the child will live with, who will have the right to make important legal decisions for the child, and how visitation will work during the holidays.
On the other hand, you may be in a situation where the other parent is abusive and protecting your child is the most important issue for you.
Regardless of your situation, there are several different custody arrangements that can be explored.
- One parent may have sole physical custody – the child lives with that parent, while the other parent is entitled to regular visitation with the child.
- Both parents could have joint physical custody, sharing equally in the time that their child lives with them.
- Both parents could also have joint legal custody, sharing the right to make important decisions regarding their child, or either parent could have sole physical or legal custody.
Whether it is decided by agreement between the parties or by the court at a trial, the decision of child custody must be driven by what is in the child’s best interest – even when the parties agree to a child custody arrangement, it is subject to review by the court to determine whether it is in the child’s best interest.
The Child Custody Attorneys
at Templeton Mims & Ward can help.
The child custody attorneys at Templeton, Mims, and Ward understand that your child’s safety and well-being is paramount, and we will do everything that is legally and ethically in our power to help you achieve an outcome that is in your child’s best interest and, hopefully, that will help your family to heal as you go through this process.
We will attempt to reach an agreement with the child’s other parent whenever possible that will incorporate physical custody, legal custody, and visitation in a court order that achieves your goals and that is in your child’s best interest.
If we cannot reach an agreement or if your child’s safety is at issue, we will fight to protect you and your child, gather the evidence you will need to persuade the court, and ask a judge to order a custody arrangement that reflects your goals.
People Turn To Us When
- Need help negotiating a child custody agreement that will be approved by the court;
- Are facing a child custody battle with a difficult spouse;
- Are navigating complex issues related to legal custody, physical custody, and visitation rights;
- Are contemplating divorce; or
- Need to modify an existing child custody agreement based on a change in circumstances.
If you have questions about how the child custody laws in SC will apply to your case or need assistance with custody, visitation, child support, adoption, or divorce proceedings, give us a call at 843-285-5090 to schedule a consultation and find out how we can help.
Here’s What We’ll Do:
Frequently Asked Questions
What are the different types of custody arrangements in South Carolina?
Sole legal and physical custody: The child lives with one parent while the other parent has visitation rights, and the parent the child lives with also has the sole right to make important decisions regarding the child.
Joint legal custody and sole physical custody: Although both parents have joint decision-making power, the child lives with only one parent full-time.
Joint physical custody and sole legal custody: Although the child alternates living with both parents, only one parent has the power to make decisions regarding the child.
Joint physical and legal custody: The child alternates living with each parent and both parents have decision-making authority regarding the child.
There are other possibilities, including shared legal custody where one parent makes decisions on a particular subject while the other parent makes decisions in other areas (i.e. one parent decides educational matters while the other decides medical issues).
Do grandparents ever have a right to physical and legal custody of a child?
Is mediation required for child custody cases?
If the parties reach an agreement before the mediation, they may be able to avoid the cost of a court-ordered mediator, however.
What factors does the Court consider when deciding child custody?
- The child’s temperament and developmental needs;
- Each parent’s ability to understand the child’s needs;
- The child’s preference;
- The parent’s wishes regarding custody;
- The child’s relationships with each parent, siblings, grandparents, or others in the household;
- Whether each parent encourages the child’s relationship with the other parent;
- Whether each parent involves the child in the parents’ disputes;
- Whether either parent disparages the other in front of the child;
- How involved each parent is in the child’s life;
- Whether the child has adjusted to their home, school, and community life;
- Each parent’s mental and physical health;
- The child’s religious or spiritual background;
- Whether the child has been abused or neglected;
- Whether one parent has committed domestic violence;
- Whether one parent has relocated more than 100 miles away in the past year; or
- Any other factor that the Court thinks is necessary to consider.