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Child custody

child's choice on where to live

Most state laws allow the court to consider a child’s preference on which parent’s home will be the child’s primary residence after the child reaches a certain age—often 12-14 years of age.

But the court usually does not have to follow the child’s preference. Generally, the older the child is, the more deference will be given to the child’s choice on which parent’s home will be the child’s primary residence.

The law on this issue is usually found in your state’s statutes—often in the statutes grouped together and called the family code.

In South Carolina, the family courts take into account a child's preference regarding which parent they would like to live with primarily after a divorce or separation. While there is no specific age set by statute, it is commonly understood that the preference of a child aged 12 or older will be given more consideration. However, the court's primary concern is the best interest of the child, and the child's preference is just one of many factors the court will consider. The child's maturity, understanding, and the reasons behind their preference will also be evaluated. Ultimately, the court is not bound to follow the child's wishes and will make a custody determination based on the overall circumstances and what the court deems to be most beneficial for the child's welfare and development. This approach is consistent with South Carolina's family law statutes, which guide decisions on child custody matters.

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Child custody

child's choice on where to live

Individual & Family Legal Plan

Articles

South-Carolina State Code

South-Carolina State Code

Child custody

child's choice on where to live

Articles