In South Carolina, the "best interest of the child" governs determinations of child custody.  This standard is the primary and controlling consideration in all cases in which child custody is at issues.  When determining the best interest of the child, the court may consider the child's preference (depending on the child's age), character of the parents, including each parents psychological and physical health, fitness, and attitude.    The Family Court also considers the medial needs of the children, recreational aspects of the children's life, and their emotional welfare.  Although there is no black letter rule stating that custody must be awarded to the primary caretaker, there is an assumption in South Carolina law that custody be awarded to the primary caretaker.   

In order to change custody or visitation rights, there must generally be a showing of new facts and circumstances.  The best interest of the child is still the governing consideration, and the Family Court will therefore consider how the custody decision will impact all aspects of a child's life, including physical, psychological, educational, spiritual and emotional welfare.  The award of the custody of children is not final and changed circumstances may authorize the change of custody in the future. 

The Attorneys at the Mace Firm handle the following types of cases in Family Court :

• Divorce
• Child Custody
• Child Support
  
• Modification of Child Custody
• Modification of Child Support
• Actions for Separate Support and Maintenance
• Paternity