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Child Custody

Our Attorneys Will Protect Your Family
Child custody disputes can be among the most contentious issues to arise in a divorce action and can affect many aspects of the proceedings, such as payment of child support, alimony, and the division of property.  In order to ensure that you obtain the most favorable custody arrangement, you will want to hire an attorney who is experienced in handling these complex and emotional cases.  The Upstate Law Group is skilled at handling even the most complex child custody cases.  We can provide the compassionate and aggressive representation you need to resolve your dispute successfully.

Child Custody Arrangements
Though primary custody of a child can be awarded to a single parent, more and more often, South Carolina courts are favoring joint or shared custody.  Despite this, it is still common for a child to live with one parent with the other parent having specific visitation arrangements.

Some Determining Factors in Child Custody Awards 
The primary factor the court always considers when awarding custody is whether an arrangement will ultimately serve the best interests of the child and ensure his or her health, safety, and welfare.  Some additional factors the court may consider include:

  • The mental and physical health of the parents
  • The physical and emotional needs of the child
  • Evidence of physical or emotional abuse
  • Each parent's ability to provide the child with food, shelter, clothing, medical care, and education
  • The strength and stability of the relationship between the child and each parent
  • The child's wishes (if 12 years of age or older)
  • The character and behavior of friends and associates of each parent who lives in or near the parent's home and the relationship

Child Support
Often just as contentious as the question of who ultimately gets custody of the children in a divorce is the matter of payment and support.  The determination of child support is based on a complex equation.  This equation takes into consideration spouses' incomes, the number of dependent children, childcare expenses, residence, and any special needs of the child or children.  In most cases, child support is paid through the child's eighteenth birthday or graduation from high school, whichever is LATER.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential or time-sensitive information to us until such time as an attorney-client relationship has been established.