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Child custody disputes often involve intense emotions and as such, can become contentious quickly. When parents separate or divorce, they may need a court to step in and create a solution that is in the kid’s best interests.
If you are facing an issue related to guardianship, consider speaking with a Beaufort child custody lawyer as soon as possible. Our firm’s seasoned family attorneys have substantial experience in these types of cases and have assisted many people in your situation.
Determining Who is a Capable Guardian under State Law
Per South Carolina Children’s Code § 63-5-30, fathers are considered equally capable of raising their kids in a happy and loving environment. Accordingly, judges cannot consider a parent’s gender when determining who should take care of the kid.
Regardless of whether the parent is a mother or father, they may face considerable opposition from the other party when seeking supervision rights. Because of this, it is advised to seek counsel from a knowledgeable attorney to develop the best strategy for the child custody case.
How do Judges Decide Beaufort Custody Disputes?
State law requires judges to prioritize a child’s best interests when settling supervision disputes. To determine this, the court may consider a number of factors, including but not limited to:
- The kid’s age and health
- How much available time each parent has to care for the minor
- The child’s temperament and developmental needs
- If a parent has coerced a kid into becoming involved in the custody dispute
- Which parent has traditionally been the primary caregiver
- The kid’s relationship with each parent
- If there is any history of family violence or domestic abuse
- Each parent’s ability to raise the minor in a stable environment
Judges must also consider a child’s preference for custody after considering their age, experience, maturity, judgment, and ability to express a preference.
Ultimately, a judge’s final decision rests heavily on each parent’s presentation of the facts. As such, a parent facing a proceeding like this should consult a skilled custody attorney in the Beaufort area to help them prepare their case.
Different Types of Custody
Determining a suitable parenting schedule can be challenging when dealing with a kid’s unique needs. A capable lawyer who focused on child custody cases could help a parent focus on what is best for their family as a whole. Some of the different options available are legal, physical, and split arrangement custody.
Legal Custody
If a judge awards a parent legal supervision rights, that parent is responsible for making the major decisions that affect the child. These decisions could include medical care, religious activities, and the school they attend. When divorced parents have joint legal guardianship, they each have an equal voice in these decisions and neither can make decisions for the minor without consulting the other parent.
Physical Custody
Physical custody is the physical possession of a child during set times. When one parent has primary care, the other parent is generally entitled to court-ordered visitation. State family courts tend to favor shared physical supervision arrangements when both parents are equally committed to raising the kid in a safe and loving environment.
Split Arrangements
In a split arrangement, one child resides primarily with one parent and the other kids live with the other parent. This type of supervision schedule is not as common because courts generally avoid separating siblings whenever possible. However, some circumstances warrant split care, such as when one minor is disabled and requires specialized attention from a parent. In that situation, it may be better for all the siblings if the kid with special needs lives primarily in one home and the others divide their time between the parents’ residences.
Contact a Beaufort Child Custody Attorney Today
In highly contested custody cases, one or both parents may lose sight of their shared goal to do what is best for their children. Sadly, a minor child may become tools to use against one another, even when the parents have the best of intentions.
If you are involved in this type of case, you need a compassionate Beaufort child custody lawyer on your side. Call today to learn how our caring attorneys could help you create a fair agreement that meets your needs and protects your kid’s best interests.