(150+)When child custody disputes arise between parents, the courts will consider many factors before making a final decision. One of these factors is sometimes the preference of the child. The child’s preference cannot override the court’s decision but the court will consider the child’s opinion when they are of a certain age. Below, our Greenville child custody attorney explains in more detail.
What Age Can a Child Choose Which Parent to Live With in SC?
The family law courts in South Carolina will not typically consider a child’s preference for child custody until they are at least 12 years old.
After a child turns 15 or 16, the court may give a child’s preference even more weight, particularly if the child can provide a credible reason for their preference. How heavily a court will weigh a child’s preference depends on their age, maturity level, judgment, experience, and ability to state their preference.
The reason a child wants to live with one parent over the other is heavily considered by the courts, as well. For example, a child may state that they prefer to live with their mother because she has very relaxed rules regarding chores and homework. However, the father may have very reasonable expectations surrounding these issues, and he may also discipline the child when those expectations are not met. In this situation, the courts may not give much weight to the child’s preference because it does not align with the best interests of the child.
Best Interests of the Child in South Carolina
Under the South Carolina child custody laws, family law judges must only consider the best interests of the child in custody cases. These include:
- The developmental needs of the child
- The ability of each parent to understand the child’s needs and ensure they are met
- The stated preference of the child
- The previous and current relationship between the child and each parent, their siblings, and any other household or family members
- The effort of each parent to foster a relationship between the child and the other parent
- Any attempt of either parent to involve the child in the custody dispute
- Any evidence that either parent tried to alienate the child from the other parent
- The ability of each parent to remain actively involved in the life of the child
- The stability of the child’s current or proposed home
- The physical and mental health of the parents, as well as the child
- The child’s spiritual and cultural background
- Any history of domestic violence
- Whether either parent has moved over 100 miles from the primary residence of the child within the past year for non-safety-related reasons
In addition to the above, the law in South Carolina grants family law judges the authority to consider any other factor they deem relevant to the court.
At What Age Can a Child Refuse Visitation in SC?
When a child’s opinion is not in their best interests, the court may override the preference. For example, if a child chooses to live with a parent who has a history of domestic violence, the court would likely not allow the custody arrangement.
However, as a child ages, the courts are more reluctant to force a child to live with a particular parent. For instance, while a child generally cannot refuse visitation in South Carolina, the courts would likely not order a parent or law enforcement officer to force an older teenager into a vehicle to be taken to a residence in which the child refuses to go.
The courts will typically find that forcing an older child to live in a home they do not want to be in may cause more harm than good. In these cases, the court will likely find another arrangement that would better serve the best interests of the child.
Proving a Parent is Unfit
There are times when one parent might object to their former partner having primary custody, even if it goes against the preference of the child. When a parent and child cannot agree that the other parent should have custody, the parent objecting to the arrangement may have to present strong evidence to overcome any weight the court may place on the opinion of the child. This may include presenting evidence showing that the other parent is unfit to raise a child. Some factors that can help prove a parent is unfit are as follows:
- The inability or refusal of the other parent to respond to the needs of the child appropriately, or to communicate with the child
- A failure of the parent to set limits appropriate to the child’s age, such as allowing the child to consume drugs or alcohol or watch adult content
- Any history of child neglect, abuse, or domestic violence
- Refusal of the other parent to compromise or cooperate with the other parent regarding important issues
- Consistent efforts of the parent to sabotage the relationship between the child and the other parent, or regularly disparaging the other parent in the child’s presence
- Alcohol or drug abuse
- An inability to function socially, including refusing to allow the child to participate in activities or refusing to attend the child’s events
- Refusing to obtain medical treatment for documented mental health issues
In South Carolina, parental rights are taken very seriously. Due to this, it is critical that if you wish to argue that your other child’s parent is unfit, you present very strong evidence to support your claim.
Our Family Law Attorney in Greenville Provides Sound Legal Advice
If your child has a preference regarding which parent they live with, it may work against you or in your favor. Regardless, you need a Greenville family law attorney who can prove your case and help protect your relationship with your child. At Elliott Frazier — Family, Personal Injury & Car Accident Attorneys, LLC, Angela Frazier is a proud mother of two and therefore, knows how important time is with your children. She will fight for you, too. Contact us online to schedule a consultation and to get the legal help you need.
