Child Custody & Visitation

At Morton & Gettys, our family law attorneys understand that child custody issues are often the most painful and difficult topics in a divorce. We work closely with clients to help them reach solutions. Our divorce lawyers work hard to treat each case as unique and to treat our clients with compassion.

There are two components of child custody in South Carolina: legal and physical.

Legal custody decides who has decision-making power for the child in issues ranging from schooling to extracurricular activities to medical care.

Physical custody determines where the child lives. There are three variations: sole custody, split custody, and joint custody, with joint custody being the most common.

The goal typically is for both parents to be involved in the child’s life. Only if a court finds that sole custody is in the child’s best interest (the standard for all child custody decisions) will custody be granted to only one parent.

It is rare for a family court judge to completely deny visitation as long as there are assurances the child will be safe. Courts generally allow families latitude, however, in developing visitation schedules that work for the child.