Child Custody Myrtle Beach SC
Few things are more emotionally charged than deciding who your child will live with and how those parenting responsibilities will be shared. Whether you’re divorcing, separating, or establishing custody for the first time, it’s essential to have a clear plan, solid legal advice, and an advocate who understands what’s at stake.
At Indigo Family Law, we help parents handle child custody Myrtle Beach SC issues throughout Horry County. We approach every case with honesty, clarity, and compassion. Our team knows what the law says, but we also know what it means for real families trying to move forward.
Why Choose Indigo Family Law for Your Custody Case in Myrtle Beach
Brana Williams and Ryan Stampfle bring over 40 years of combined legal experience to the table. As partners of Indigo Family Law, they approach every child custody case with the understanding that this isn’t just a legal issue; it’s your family, your future, and your child’s well-being.
Our Myrtle Beach, SC child custody lawyers know the system in Horry County Family Court. We also know that you’re probably going through one of the most difficult transitions of your life. We tell it like it is, return your calls, and stay with you even after the case closes. Our clients aren’t just names on a file; they’re parents, grandparents, and caregivers who deserve real support.
Understanding Child Custody in South Carolina
South Carolina custody law divides custody into two distinct components: legal custody and physical custody.
- Legal custody refers to the authority to make significant decisions in a child’s life, including choices about education, religious upbringing, and major healthcare treatments. It determines which parent, or if both parents, have the right to guide these foundational aspects of the child’s development.
- Physical custody involves the child’s day-to-day living arrangements. It addresses where the child will reside most of the time and which parent is responsible for their routine care, supervision, and transportation.
Both legal and physical custody can be awarded jointly or solely.
- In joint custody arrangements, parents share responsibilities and must coordinate on important decisions and schedules.
- In sole custody cases, one parent holds full authority over the child’s life in one or both areas, and the other parent may have limited or supervised visitation depending on the circumstances.
In most cases, South Carolina courts favor joint custody, especially when both parents demonstrate the ability to communicate effectively and work together in the child’s best interests. The court’s primary goal is to ensure the child maintains meaningful relationships with both parents, as long as doing so supports the child’s overall well-being.
At Indigo Family Law, we take the time to explain these concepts, outline realistic expectations, and fight for arrangements that support the long-term success of your child and your family.
Factors the Court Considers in Custody Decisions
The guiding principle in every custody case is in the best interest of the child. To determine this, the court considers:
- Each parent’s ability to meet the child’s needs
- The emotional connection between the child and each parent
- Stability of the home environment and each parent’s ability to provide a safe and consistent routine
- The child’s adjustment to their school, home, and community, including potential disruptions from changes
- Mental and physical health of all parties involved, including the child
- Any documented history of domestic violence, abuse, neglect, or substance abuse
- Each parent’s willingness to foster a healthy, ongoing relationship between the child and the other parent
The court may also consider the child’s preferences if the child is deemed mature enough to express a reasonable opinion. Judges strive to create arrangements that allow children to thrive emotionally, physically, and developmentally.
Sometimes, the court appoints a Guardian ad Litem to represent the child’s interests. This neutral party investigates the family’s circumstances by conducting interviews with the child, parents, relatives, teachers, doctors, and other relevant individuals. The Guardian ad Litem then submits a report and recommendation to the judge, which can carry significant weight in the final custody decision.
When a Parent May Be Awarded Full Child Custody
Full custody means one parent has sole physical and legal custody. This can occur in situations where:
- The other parent has a history of abuse, neglect, or substance use
- One parent is incarcerated or has abandoned the child
- The court finds that one parent is significantly better suited to care for the child
Winning full custody requires documentation and evidence. Our Myrtle Beach child custody lawyers help parents build strong, honest cases when their child’s safety and stability are on the line.
Child Visitation Rights and Parenting Schedules
Even when one parent is awarded primary custody, the other usually receives visitation rights. South Carolina courts generally support frequent and meaningful contact with both parents.
Types of visitation include:
- Standard visitation (every other weekend, alternating holidays, extended summer visits)
- Supervised visitation (when there are safety concerns)
- Virtual visitation (video calls, texts, and emails when distance is an issue)
A clear parenting plan reduces conflict and confusion. Our attorneys help create custom plans that reflect your child’s needs, your work schedule, and your co-parenting dynamic.
What Happens If One Parent Wants to Relocate
Life happens: a new job, a remarriage, or a fresh start. But if you want to move with your child—especially out of state or far enough to disrupt the existing custody or visitation arrangement—you must either get the other parent’s permission or court approval.
Relocation cases are some of the most complicated and emotionally charged custody disputes. South Carolina courts take these requests seriously, knowing that a move can profoundly affect the child’s relationship with both parents. When evaluating a relocation request, the court will examine:
- The reason for the proposed move (e.g., employment opportunities, family support, or safety concerns)
- How the move will impact the child’s relationship with the non-relocating parent and extended family
- Whether the relocation will improve the child’s quality of life, education, or stability
- Whether the relocating parent has made good faith efforts to maintain a relationship between the child and the other parent
- Alternatives and proposals for preserving parenting time, including extended vacations, virtual visitation, or revised transportation arrangements
Ultimately, the burden is on the relocating parent to prove that the move is in the best interest of the child. These cases often involve detailed planning, proposed revised parenting plans, and supporting evidence.
We’ve represented both relocating parents and parents opposing a relocation during child custody disputes in Myrtle Beach. Our goal is to help you reach a solution that preserves your relationship with your child and reflects the practical realities of life after divorce or separation.
Modifying a Child Custody Order
You can seek a custody modification when there’s been a substantial change in circumstances. Common reasons include:
- The child’s needs have changed
- A parent’s work schedule or location has changed significantly
- A parent is no longer able to care for the child safely
- The child wants to live with the other parent (depending on age)
Our Myrtle Beach, SC child custody attorneys handle modification requests with careful planning, clear documentation, and respect for the court’s standards.
Unmarried Parents and Child Custody Rights
If you were never married to your child’s other parent, you still have custody rights. But fathers must first establish paternity through a voluntary acknowledgment or DNA test before seeking custody or visitation.
Once paternity is confirmed, the court treats both parents equally. The Myrtle Beach child custody attorneys at Indigo Family Law help mothers and fathers alike handle this process with fairness and focus on the child’s best interests.
When to Seek Emergency Child Custody
If you believe your child is in immediate danger, you may petition the court for emergency custody. These situations arise when a child’s safety or well-being is threatened to the extent that waiting for a standard custody hearing would be unsafe or inappropriate.
Common causes for emergency custody petitions include:
- Suspected physical or sexual abuse
- Drug or alcohol use by a parent or someone in the household
- A dangerous living environment
- Child abandonment
Emergency custody is a legal tool designed for fast action. Hearings are often scheduled within days, and courts may issue temporary custody orders after reviewing sworn statements and preliminary evidence. These orders remain in place until a more formal custody hearing can be held with both parties present. If you’re in this position, time is of the essence.
At Indigo Family Law, our child custody attorneys in Myrtle Beach will act quickly and decisively. We’ll help you prepare a compelling emergency petition, gather necessary supporting documents, and advocate strongly at the hearing. Protecting your child is our top priority, and we won’t waste a minute when their safety is at risk.
Child Custody and Child Support: What’s the Connection?
While custody and child support are separate legal issues, the parenting arrangement does impact support amounts. South Carolina uses an income shares model to calculate child support, factoring in:
- Each parent’s income
- Number of overnights with each parent
- Health insurance and childcare costs
If your custody arrangement changes, you may be eligible to modify support. We help with initial calculations, enforcement, and updates as needed.
Working with Indigo Family Law Through Your Custody Journey
We know how personal these cases are. Our approach is simple and deeply rooted in genuine care for your family’s future. First, we listen. We take the time to understand your story, your goals, and your fears because no two families are alike, and your child’s well-being matters above all else.
Next, our child custody attorneys will give you straight answers. You deserve to know exactly what’s possible, what’s at stake, and what challenges might lie ahead. We never sugarcoat the truth, but we deliver it with compassion and clarity.
Then, we prepare thoroughly. From the very beginning, we gather documents, draft plans, and anticipate the other side’s arguments so you’re never caught off guard. Our thorough preparation often leads to favorable results without needing to go to trial, but if a trial becomes necessary, we’ll be ready.
Finally, we never forget what matters most: your child. Whether we’re negotiating parenting time, defending against relocation, or helping you through modifications, our guidance is anchored in what will truly benefit your family long term.
From filing the initial custody petition to finalizing orders or modifications, we stand with you the entire way. Our child custody lawyers don’t just aim for legal victories; they strive for lasting peace of mind.
Child Custody Frequently Asked Questions (FAQs)
Can my child choose who to live with?
Judges may consider the child’s wishes, especially if the child is older and mature, but this is only one of many factors in a custody case.
Can we settle custody without going to court?
Yes. Many parents reach agreements through negotiation or mediation. If both parties agree, the court will usually approve the parenting plan.
What if the other parent refuses to return the child?
You may need to file an emergency motion or a contempt action. We help enforce court orders and protect your parenting rights.
Do grandparents have custody or visitation rights in South Carolina?
Sometimes. If both parents are unfit or deceased, grandparents may petition for custody. In limited cases, they can also seek court-ordered visitation.
How long does a custody case take in Myrtle Beach?
It depends. Uncontested cases may resolve in a few weeks. Contested matters, especially those involving evaluations or expert testimony, may take several months.
Reach Out to Our Child Custody Myrtle Beach SC Law Firm
No one expects to end up in a custody battle, but when you do, you need someone who knows both the law and the emotional weight of what you’re going through. At Indigo Family Law, our Myrtle Beach child custody attorneys combine experience, honesty, and a down-to-earth approach to get you through it.
Whether you’re seeking custody, fighting to protect your child, or need help modifying an agreement, we’re ready to listen and ready to act. Contact us online to speak with a child custody attorney who will fight for your family and your future.