Child custody (also known as legal custody, conservatorship, or allocation of parenting time and responsibilities) refers to the legal possession, rights, and responsibilities for a minor child by the child’s birth or adoptive parents—including the right to make health care, religious, cultural, and education decisions about the child's upbringing.
During separation, and following divorce, a child’s natural parents often share custody of the child (shared custody or joint custody)—unless one or both of the child’s natural or adoptive parents are deemed to be unfit or pose a risk to the health, safety, and well-being of the child (the child’s best interests). If one of the parents is deemed unfit, the other parent may be awarded sole custody of the child. In some cases a parent who is not allowed to have custody of a child may be given visitation rights—sometimes under the supervision of another adult (supervised visitation). Child custody laws are usually located in your state’s statutes governing family and domestic matters, and may be referred to as the Family Code.
Child custody is distinct from guardianship of a child, which usually involves a relative or an unrelated person temporarily agreeing to take responsibility for a child following the death of the child’s birth or adoptive parents, or their abandonment. And adoption is taking full and permanent responsibility for a child by someone other than the child’s birth parents.
In South Carolina, child custody laws are designed to ensure the best interests of the child are the primary consideration in custody and visitation matters. The state recognizes both legal custody, which pertains to decision-making authority regarding the child's welfare, and physical custody, which relates to where the child lives. Parents can be awarded joint custody, where both share in these responsibilities, or sole custody, where only one parent has primary responsibility. South Carolina courts consider various factors when determining custody arrangements, including the child's preference (depending on age and maturity), the parents' conduct, and the child's adjustment to home, school, and community. If a parent is deemed unfit due to reasons such as abuse, neglect, or substance abuse, they may lose custody rights. However, non-custodial parents are often granted visitation rights, which can be supervised if necessary to protect the child's well-being. These laws are codified in the South Carolina Code of Laws under Title 63 - South Carolina Children's Code, particularly in chapters related to domestic relations. It is important to note that child custody is distinct from guardianship and adoption, which involve different legal processes and standards.