In any divorce, child support and questions of custody are almost ways the most difficult and painful parts of the process. While it may be clear that the parents cannot remain together, in many cases their troubles have nothing to do with the children, and both parents understandably love and want to continue caring for them. Unfortunately, divorce can put a child through a very difficult and traumatic process, further straining the relationships in an already damaged family. Here at Elliott Frazier Law, our divorce attorneys in Greenville, SC will help you to understand child custody laws and help you reduce the stress and difficulty any couple encounters while working through the process of visitation, child support, and other issues that inevitably arise regarding the children in a divorce.
The Basics of Child Custody Law from Your Greenville Divorce Attorney
In South Carolina, legally each parent shares equal rights, responsibilities, duties, and powers regarding the custody of children. When a divorce occurs, however, this can change the state of things. Child custody refers to the court’s determination of which parent should retain primary control over the care and upbringing of children. It typically decides where that child will live, what their daily activities will be, which school they attend, which church they attend, which doctors they see, and many other aspects of their life. Since the question of custody has such a deep and comprehensive impact on a child’s life, together with your divorce lawyer in Greenville, South Carolina, if you believe that you provide the superior environment in all respects, you should make sure that you present the strongest possible case for custody of your children.
What Are Automatic Child Custody Rights?
If you are pursuing a divorce, you may hear some people talk about automatic custody rights, and we are often asked about them as Greenville, SC divorce attorneys. Many people, yourself included, may be under the impression that the mother has automatic custody rights. However, in the state of South Carolina, however, neither parent has an automatic custody right. Parents are encouraged, by both the courts and by Greenville, SC divorce lawyers, to take a step back, to carefully and objectively review the situation, and decide together what is best for their children. In a perfect world, all pairs of divorcing parents would come to a mutual and amicable decision. Unfortunately, ours is not a perfect world.
Some important questions to consider as you approach the legal issues of child custody include which parent will be best able to provide financially for the children? Who provides better living conditions? Who has more time and resources to devote to the needs of the child? Often, the child will have a reasonable preference for the parent they would prefer to live with, and these preferences may be considered as well, while taking into account the child’s maturity and reasoning. In the event that the parents cannot arrive at a decision themselves – an unfortunate situation which happens often – then with the help of a divorce lawyer in Greenville, South Carolina, the court will make a decision on the issue.
The Well-Being of a Child in Custody Rights Cases
Another major issue at the heart of any child custody case, and one that is frequently considered by Greenville, SC divorce attorneys, is that of the well-being of the child involved. This can include not only the child’s health, but situations of abuse of a physical, mental, or sexual nature, dangers posed by a parent who struggles with alcohol or drug abuse, and other factors. Unfortunately, the best option for the well-being of a child and the best environment for that child may outweigh the love and emotional support that parent can offer the child. These are difficult decisions, and that is why Greenville, SC divorce lawyers and judges take these questions very seriously.
Consult with a Family Law Attorney About Your Child Custody Case in Greenville, SC
If you are dealing with the issues of child custody, child support, or visitation rights, contact a divorce attorney in Greenville, SC right away. The experienced attorneys at Elliott Frazier Law can be valued allies in this understandably very difficult journey, and will help you fight to ensure that your children receive the care, attention, and stability that they deserve. Call today and let us go to work for you, and for your children.
Angela Elliot Frazier is a Family Law Attorney who practices in Greenville, SC. She graduated from the University of South Carolina School of Law, and has been practicing law for 14 years now. Angela Frazier believes in helping you through one of the most stressful times of your life. Learn more about her experience by clicking here.