Decisions about your child’s future often present the most difficult challenges in a divorce. As a parent in South Carolina, you will encounter terms like “physical custody” and “legal custody” when navigating divorce and custody proceedings. These concepts are crucial in shaping your child’s life and your involvement in it moving forward. But what do these terms mean, and how do they affect your parental rights and responsibilities?
What is physical custody?
Physical custody forms the backbone of your child’s daily life as it determines where they live and who handles their day-to-day care. If you have physical custody, you are your child’s primary care provider, responsible for creating a stable environment where they can grow and thrive. Your child will reside with you for the majority of the time. This means you will handle routine tasks like preparing meals, helping with homework and getting your child ready for school.
What is legal custody?
On the other hand, legal custody empowers you to shape your child’s future through important life choices. This responsibility encompasses crucial decisions about their education, health care and religious upbringing. For example, if your child expresses interest in a new extracurricular activity, you will have the right to decide whether they can participate. This type of child custody allows you to remain deeply involved in your child’s life, ensuring your influence and care extend to the most impactful aspects of their growth and well-being.
How courts determine custody in South Carolina
In South Carolina, as in other U.S. states, the child’s best interests serve as the guiding principle when courts determine custody arrangements. To reach a decision that suits your family’s unique needs, courts consider a broad range of factors. These include the child’s relationship with each parent, their ability to adapt to their home and school environment and each parent’s capacity to provide a stable and loving home.
Putting your child’s welfare at the center
Although the rules guiding child custody may sound straightforward, it is undoubtedly one of the most daunting aspects of a divorce. However, by keeping your child’s best interests at the center of your every decision, you empower yourself to create a brighter future for them.
