Divorce & Children
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Child Custody

South Carolina laws recognize two types of custody: sole and joint. Depending on circumstances of a particular divorce case, either sole or joint child custody may be awarded based on the best interests of the child. In South Carolina, there is a somewhat cautious attitude towards joint custody. More often, it's about legal custody, which is the decision-making power of the parents for the most critical choices of the child's life and upbringing. The court considers a lot of factors when determining whether both parents are well-suited to share legal custody of their child.

As for physical custody, it determines not only the placement of the child but also the amount of time that a child spends with each parent. Sole physical custody with no visitation hours for the non-custodial parent is quite a rare arrangement. It is typically only entered into as a last resort in situations where contact with the other parent is considered as harmful for the child.

More often, one of the parents has primary custody, and the other has visitation hours according to their personal schedule. In any case, there are a lot of conditions that affect the judge's decision about custody.

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