If you are a parent or caregiver considering filing for full custody in South Carolina, this is the guide for you. We will discuss the step-by-step process of seeking full custody, from identifying the proper court to attending mediation and attending any necessary trial. Before we get into those actionable details, we will discuss what “full custody” actually means under South Carolina law.
Whether you are going through a divorce, working through a paternity case, seeking a South Carolina custody modification to full custody, or facing a safety emergency that requires immediate court action, the team at Indigo Family Law can walk you through your options.
If you need help seeking full custody of your child in South Carolina, contact our family law firm today.
What “Full Custody” Means in South Carolina (Sole Legal vs. Sole Physical)
When most people say they want full custody in South Carolina, they usually mean one of two things: Sole legal custody or sole physical custody. In some cases, those seeking “full custody” intend to arrange both sole legal and physical custody.
- Sole legal custody gives one parent the exclusive right to make major decisions about the child’s life. These decisions can relate to the child’s education, healthcare, religious upbringing, and other consequential aspects of their life. If a parent has full legal custody, they have full autonomy to make such decisions without consulting the other parent.
- Sole physical custody means the child lives primarily with one parent or guardian. Another parent may still receive visitation (referred to as “parenting time” in many orders), but the custodial parent is responsible for day-to-day care.
In contested cases, it is common for one parent to seek both sole legal and sole physical custody. However, judges in South Carolina do not assume by default that one arrangement is better than another. The court will consider all relevant factors before deciding which custody structure best serves the child.
Who Can Ask for Full Custody?
The traditional image of a child custody dispute involves biological parents who have fallen on bad terms. This is not always how these cases look, as our team has seen a broad range of cases, including but not limited to:
Married Parents Going Through Divorce
If you are married and divorcing, custody is typically resolved as part of the divorce case in South Carolina’s Family Courts.
Either party can request sole custody in the divorce complaint or in a separate motion. The court will address custody either by agreement (a parenting plan) or at trial if the parents cannot reach an agreement.
Unmarried Parents
Unmarried parents must first establish a legal relationship with the child before custody can be ordered.
- For mothers, legal custody is automatic at birth under South Carolina law
- Fathers may petition for parental rights once paternity has been “acknowledged or adjudicated,” perhaps through genetic testing, as detailed in S.C. Code Ann. § 63-17-20
The dynamics between the biological mother and father can be a central factor in how custody arrangements unfold.
Non-Parents (Including Grandparents and Other Third Parties)
In limited circumstances, grandparents, stepparents, or other third parties may petition for custody. South Carolina law sets a high bar for these cases, requiring the petitioner to generally show that both natural parents are unable to provide safe and stable care for the child or that other extraordinary circumstances exist.
Our South Carolina child custody attorneys proudly help grandparents and others seeking to protect and care for children who need stability and guidance.
What South Carolina Judges Consider: A Child’s Best Interests and Other Evidence
South Carolina does not use a rigid checklist for custody decisions. Instead, judges apply a broad best-interest-of-the-child standard in child custody rulings.
The South Carolina Supreme Court has identified a non-exhaustive list of considerations that Family Court judges regularly apply, including those outlined in cases such as Patel v. Patel.
Factors judges commonly examine include:
- The fitness of each parent, including their past and present physical and mental health
- The child’s preference, which may be more relevant if the child has reached a certain age or exhibits sufficient maturity to make custody-related judgments
- Continuity and stability, as custody arrangements should preserve existing routines, school enrollment, and community ties when feasible
- Work schedules and availability, as judges must consider who is realistically able to provide day-to-day care
- The child’s success or struggles in a given home, school, and community
- Any history of abuse or neglect, as these can be of outsize importance in South Carolina child custody decisions
Parents’ relationship with each other can also be relevant. Courts tend to disfavor parents who attempt to alienate the child from the other parent, and custody arrangements may seek to avoid exposing the child to such alienation tactics.
Step-by-Step: How to File for Full Custody in South Carolina Family Court
Keep in mind that we tailor our approach to your specific circumstances, including whether you are seeking a new custody arrangement or modifying an existing one.
That said, we typically assist those seeking a new child custody arrangement in South Carolina by:
- Determining the Correct Court: All custody matters in South Carolina are handled in Family Court. You will generally file in the county where the child has lived for the past six months, reflecting the “home state” rule under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
- Preparing Your Pleadings: For a new custody case with no prior order, you will file a Summons and Complaint for Custody. For a divorce case, custody is addressed in the divorce complaint or a separate motion. For a modification, you file a Motion to Modify the existing order.
- Filing with the Clerk: Submit your documents to the Family Court clerk in the appropriate county. Filing fees apply; fee waivers are available for those who qualify based on income.
- Serving the Other Party: The opposing party must be formally served with the Summons and Complaint.
- Request a Temporary Hearing If Needed: If custody arrangements need to be addressed before the final hearing, you can file a motion for temporary relief.
- Complete Mandatory Disclosure: Both parties must exchange financial declarations and other required disclosures early in the case.
- Attend Mediation: Mediation is required in most contested South Carolina custody cases before a final hearing can be scheduled. If mediation does not resolve the dispute, the case proceeds to trial.
- Proceed to the Final Hearing or Trial: If the parties cannot reach a mediated agreement, the case goes before a Family Court judge, who will hear testimony, review evidence, and issue a final custody order.
Keep in mind that when you read “you will,” that may mean “we will.” Our firm handles as much of the legal work for our clients as possible, as this is our arena.
Make no mistake: Child custody issues can turn into battles between parents. You should prepare, starting right now, as if you will have to fight for the custody arrangement that is best for the child. Do not hesitate to turn to our firm, which is known for fighting for children’ s best interests throughout South Carolina.
What Happens After You File: Temporary Hearings, Mediation, GAL, and Trial
Let’s take a closer look at the stages that often follow your filing for a new or modified custody agreement in South Carolina.
Temporary Hearings
Courts understand that children need stable arrangements while a custody case is pending, which can take many months. Either parent can request a temporary hearing to establish interim custody, visitation, and support.
Often, the person who has been the child’s primary caregiver is granted interim custody.
Mediation
A neutral, court-certified mediator may work with both parties to try to reach a voluntary parenting agreement. Mediation is confidential.
If an agreement is reached, it is submitted to the court for approval and becomes a binding order. If no agreement is reached, the case proceeds to a contested hearing.
Guardian ad Litem (GAL)
In contested custody cases, the court often appoints a Guardian ad Litem. This is an attorney or trained layperson who independently investigates the child’s circumstances and reports to the court.
The GAL typically interviews the child (depending on age), visits each parent’s home, speaks with teachers and other informed parties, and makes a custody-specific recommendation to the judge. The GAL’s report carries significant weight, but its recommendations are not legally binding.
Trial
If mediation fails to resolve a custody dispute, the case goes to a contested final hearing. Both parties present evidence, call witnesses, and make arguments.
The judge then issues a written final custody order. In South Carolina, the Family Court does not use juries in custody cases, as the judge is the sole decision-maker.
When Emergency Custody Is an Option
An emergency custody order in South Carolina can be obtained without prior notice to the other parent in a few select circumstances.
Under Rule 65 of the South Carolina Rules of Civil Procedure, a Family Court judge may grant ex parte temporary relief to protect the health, safety, or welfare of a child. South Carolina courts will consider emergency relief when a child faces an immediate, credible threat to their safety.
How to Obtain Emergency Custody of Your Child
To obtain an emergency order, you must act quickly and come prepared. You will need to file an emergency motion supported by a detailed affidavit setting out specific, factual allegations.
If the court grants an emergency ex parte order (issued without the other party being present), a follow-up hearing is scheduled as soon as possible so the other parent has an opportunity to respond. Emergency orders are temporary by design.
For general information on court forms and procedures, the South Carolina Judicial Department’s self-help resources are a useful starting point. For legal guidance specific to your situation, speaking with an attorney from our team before filing is strongly recommended.
How Modifying an Existing Custody Order in South Carolina Works
If you already have a custody order and want to change it to secure sole custody, you will be seeking a South Carolina custody modification to full custody.
The standard for modification is deliberately higher than for an initial custody determination, as courts do not want children’s lives disrupted by repeated litigation.
Reasons to Seek Modification and Supporting Evidence
To successfully modify a South Carolina custody order, you must show two things:
- A Substantial Change in Circumstances: Such a change might include a parent’s relocation, a change in the child’s school or medical needs, or even new evidence of abuse or neglect.
- The Modification Serves the Child’s Best Interest: Even with a substantial change in circumstances, the court must still find that changing the custody order actually benefits the child.
Evidence that tends to support modification cases includes:
- School records revealing a concerning change in the child’s behavior or performance
- Medical or counseling records
- Police reports, DSS investigation records, protective orders, and other documentation from officers of the law or the court
- Documented communications demonstrating the other parent’s concerning conduct
- Testimony from teachers, coaches, counselors, medical providers, or others with reliable insight into the child’s behavior and well-being
Frequently Asked Questions (FAQ) About Seeking Full Custody in South Carolina
Can you get full custody in South Carolina without the other parent agreeing?
Yes. If the other parent does not agree to a full custody arrangement, you can still pursue sole custody through the courts.
What qualifies a parent as “unfit” in South Carolina custody cases?
South Carolina courts do not apply “unfit” as a formal legal threshold, but Family Court judges consider a wide range of conduct when evaluating South Carolina custody requests.
Factors that can weigh heavily against a parent include a documented history of domestic violence or child abuse, active substance abuse that impairs parenting, and serious, untreated mental health conditions.
How long does a full custody case usually take in South Carolina?
Timelines for South Carolina full custody cases vary by county, whether both parties are represented, and whether the case is contested. Uncontested cases where both parents reach an agreement can sometimes be resolved in a matter of weeks. Contested cases that proceed through mediation and trial can take six months or more.
Can a judge grant emergency custody without first notifying the other parent?
Yes, in limited circumstances. An emergency custody order in South Carolina can be issued ex parte (without prior notice to the other parent) when the petitioner shows that notifying the other parent would expose the child to immediate harm, or that the other parent is likely to flee the jurisdiction with the child.
Contact Indigo Family Law Today About Seeking Full Custody of Your Child
Custody cases involving requests for sole custody are among the most consequential matters in Family Court. The outcome shapes where your child lives, who makes decisions about their upbringing, how your family moves forward, and how the child’s future will unfold. It’s time to protect your child. Contact Indigo Family Law today to request a consultation.