(150+)As a divorced or separated parent, co-parenting can be challenging. Once you get the right child visitation arrangement in place, that structure can provide some relief. However, the reality is that life brings change. A child visitation agreement/order that once worked very well may simply no longer be effective for your family.
In South Carolina, a child visitation arrangement is subject to modification. The parent(s) seeking a change will generally need to show that there has been a substantial and material change in circumstances. Here, our Greenville child visitation lawyer provides an overview of when and how to make changes in South Carolina.
Child Visitation Can Be Modified Based on a Substantial Change in Circumstances
Once a child visitation order/agreement is in place in South Carolina, courts presume that the arrangement is appropriate. They also recognize that things change. As such, state law allows parents to seek a modification of their visitation arrangement. However, in doing so, that patent must prove a substantial and material change in circumstances. In effect, they must assert that something significant changed that was not anticipated when the visitation arrangement was put in place. Further, they must prove that the change is material to visitation. Some examples of things that can qualify as a substantial change to justify a modification of custody/visitation include:
- New Job or Work Schedule: If a parent starts a new job or has a big change in their work hours, it could conflict with the existing visitation schedule. The shift can be considered a substantial change and it may warrant a modification of child visitation.
- A Move (Parental Relocation): When a parent relocates—especially if the move is far away—maintaining the current visitation arrangement may become impractical. The move can justify modifying the visitation schedule to accommodate travel times and logistics.
- Major Changes in Health Status: Significant health changes in either the parent or the child—such as a serious illness or disability—can affect the ability to adhere to the existing visitation plan. Modifications may be necessary to address medical needs
- Major Changes in Family Obligations (New Child): The birth of a new child or the addition of significant family responsibilities can impact a parent’s capacity to follow the current visitation schedule. Adjusting the visitation arrangement may be appropriate.
- Child’s Needs are Different: As children grow, their needs evolve due to changes in school schedules, extracurricular activities, or developmental requirements. These changes may require a revision of the visitation plan to better support the child’s best interests.
- Evidence of Parental Abuse or Neglect: If new evidence emerges showing that a parent is engaging in abuse or neglect, it constitutes a serious change. Modifying visitation rights in such cases is crucial to protect the child’s safety and emotional well-being.
The Best Interests of the Child Will Be Protected
Under South Carolina law (South Carolina Code § 63-15-240), a court must make the final determination regarding custody or visitation “in the best interest of the child based upon the evidence presented.” Child visitation modification cases are no exception to the rule. When a parent petitions to modify child visitation arrangements, the court’s foremost priority is the best interests of the child. Indeed, the family court must evaluate whether the proposed changes serve the child’s emotional, physical, and developmental needs. Any substantial changes in circumstances—like a parent’s relocation, changes in the child’s needs, or evidence of parental misconduct—are assessed in light of how they affect the child’s well-being.
Two Categories of Child Visitation Modification Cases in South Carolina
If you are involved in a child visitation modification case in Greenville or elsewhere in South Carolina, your claim will generally fit into one of the following two broad categories:
- Parents Can Agreement On Proposed Modification: Can you and your co-parent agree that a modification is needed? Do you also agree on the best approach for a new visitation arrangement? Your case is more straightforward. The parents can collaboratively create a new visitation plan that accommodates the changed circumstances, such as a new work schedule or the child’s evolving needs. The agreed-upon modification must then be submitted to the family court for approval. The court will review the proposal to ensure it serves the best interests of the child. Notably, courts in South Carolina provide broad discretion for parents to make mutually agreed-upon modifications to visitation.
- Parents Cannot Agree On Proposed Modification: If the parents cannot reach an agreement on the proposed visitation changes, the parent seeking modification must file a petition with the South Carolina Family Court. The court will schedule a hearing where both parties can present evidence and arguments supporting their positions. The petitioner must demonstrate that a substantial change in circumstances justifies altering the existing visitation order and that the modification aligns with the child’s best interests. The court will consider factors such as the child’s welfare, each parent’s ability to meet the child’s needs, and any relevant changes in living situations. The best interests of the child are always the top priority of the court.
Angela Elliott Frazier is a Fighter You Can Trust in Child Visitation Modification Cases
Child visitation modification cases can be complicated—especially if there is a dispute over whether or not changes need to be made.
Our founding attorney Angela Elliott Frazier is prepared to fight hard as your advocate to get the best possible child custody/visitation modification. A proud mother of two, Attorney Frazier has a personal understanding of the importance of the relationship between parents and their children. She is ready to get started on your visitation modification case.
Contact Our Greenville Child Visitation Modification Lawyer Today
At Elliott Frazier — Family, Personal Injury, & Car Accident Attorneys, LLC, our South Carolina child visitation lawyer knows the law. If you have any questions or concerns about child visitation modifications, we are here to help. Contact us today for a completely confidential initial appointment. From our legal office in Greenville, we represent parents in child visitation modification cases throughout all of Upstate South Carolina.
