The law in plain words
Under S.C. Code 63-15-230, "the court shall make the final custody determination in the best interest of the child based upon the evidence presented."
Wondering who usually ends up with custody? Our page on the chances of getting full custody in South Carolina explains what the figures can and cannot show.
Joint and sole custody
The Code defines two kinds of custody.
- Joint custody: both parents have equal rights and responsibilities for major decisions, such as school and health care.
- Sole custody: one person has custody and, unless the order says otherwise, makes the major decisions.
Joint custody is about decisions, not equal time. Within joint custody, a judge can give one parent the final say on specific decisions.
Parenting time is set separately. The court can divide time in the child's best interest, whatever the custody label.
Is South Carolina a 50/50 state?
No. No South Carolina statute presumes joint custody or equal time.
- The statute: when custody is contested, or either parent asks for joint custody, the judge must consider it. The judge must then explain the decision.
- The courts: in Patel v. Patel (2004), the Supreme Court said joint or divided custody should be awarded only "where there are exceptional circumstances."
- Still applied: the Court of Appeals followed that rule in Greene v. Greene (2023), while questioning it.
Exceptional circumstances do happen. In one 2018 case, a child had thrived on a shared schedule for 14 months.
Bills to presume equal parenting time were filed in 2025 and 2026. None passed.
The 17 best-interest factors
Section 63-15-240 lists factors the court may consider:
- the child's temperament and developmental needs
- each parent's capacity and willingness to meet those needs
- the child's preferences
- what each parent wants
- the child's relationships with each parent, siblings, grandparents and others
- each parent's support for the child's relationship with the other, including following court orders
- any manipulation or coercion to involve the child in the dispute
- any effort to disparage the other parent in front of the child
- each parent's ability to be actively involved in the child's life
- the child's adjustment to home, school and community
- the stability of each current and proposed home
- the mental and physical health of everyone involved
- the child's cultural and spiritual background
- whether the child or a sibling has been abused or neglected
- any domestic violence or child abuse by a parent
- a move of more than 100 miles in the past year, unless for safety
- anything else the court finds necessary
A disability alone must not decide custody. Courts also look at who has been the primary caretaker.
Your child's preference
South Carolina sets no age at which a child decides. Under section 63-15-30, the court must consider the child's reasonable preference.
The weight depends on the child's age, experience, maturity, judgment and ability to express a preference. Courts have given great weight to the wishes of teenagers.
The judge may talk with the child privately. Children are generally kept out of the courtroom during testimony.
Mothers' and fathers' rights
Neither parent starts ahead. South Carolina abolished the "tender years doctrine," the old preference for mothers of young children.
Under section 63-5-30, neither parent has a right to custody "paramount to the right of the other."
Courts look closely at who did the day-to-day caring. The Supreme Court calls that an assumption, not a rule of law.
If you were never married
Under S.C. Code 63-17-20, an unmarried mother has sole custody of her child by law. That lasts until a court orders otherwise.
Once paternity is acknowledged or decided by a court, the father can ask the court for custody or visitation.
- Acknowledgment of paternity: a signed, verified acknowledgment is a legal finding of paternity.
- Changing your mind: either signer can rescind it within 60 days, or earlier if a court case about the child starts.
- After that: it can be challenged only for fraud, threats or pressure, or a serious mistake about the facts.
- DNA: a result of 95% or more creates a presumption of paternity.
A birth certificate signed by both parents also creates a presumption of paternity. Paternity cases are heard by a judge, with the public excluded.
Domestic violence and orders of protection
Under section 63-15-40, the court must give weight to evidence of domestic violence. There is no presumption against the abusive parent, but it is a key factor.
- Leaving home: a victim who left to escape abuse should not lose custody for that alone.
- Visits: a parent found by a court to have committed domestic violence gets visits only if the child and victim can be kept safe.
- Conditions: the court can order supervised visits, protected exchanges, a batterer's program and no overnights.
An order of protection is available between people who have a child together. After a hearing, it can award temporary custody and visitation.
The court may hold an emergency hearing within 24 hours of service. Otherwise, you can ask for a hearing, and it must be held within 15 days of filing. Filing costs nothing.
Emergency and temporary orders
Family Court Rule 21 changed for hearing requests made from October 1, 2025.
- Temporary hearing: file a motion and a request for hearing. The clerk sets it 21 to 45 days later.
- Deadlines: serve the other parent at least 20 days before. Their response is due 10 days before.
- On paper: the hearing runs mainly on affidavits, with page limits.
- Parenting plan: at a contested temporary hearing, each parent must file one.
If a child's safety is at risk, the court can act without notice. Under Rule 65, an order made without notice lasts no more than 10 days unless extended.
Moving with your child
South Carolina has no relocation statute and no rule requiring notice before a move.
- Within South Carolina: a court generally cannot stop a custodial parent moving inside the state. The exceptions are a compelling reason, or the parents' agreement.
- A recent long move: a move of more than 100 miles in the past year is a best-interest factor, unless it was for safety.
In Latimer v. Farmer (2004), the Supreme Court removed the old presumption against relocation. It held that a move "in itself" is not a substantial change in circumstances.
The effect of a move is "highly fact specific." Courts look at the reasons for it, and at whether realistic visits remain possible.
Changing a custody order
To change custody, the parent asking must prove two things:
- a substantial change in circumstances since the last order, affecting the child's welfare
- that the change in custody is in the child's best interests
The same test applies to joint custody orders. The Supreme Court applied it in Grungo-Smith v. Grungo (2024), after a parent's six moves.
If visitation is denied, the other parent can file a pro se affidavit under Family Court Rule 27. The hearing is set within 30 days, and the court can also adjust visitation.
Guardians ad litem
A guardian ad litem is a person appointed to investigate and represent the child's best interest. In South Carolina, one is not automatic.
The court may appoint one when there is a substantial dispute and it would otherwise lack the facts, or when both parents agree.
- The report: usually due 20 days before the final hearing. The court can shorten that to 10 days.
- No recommendation: the guardian may recommend custody only if the judge asks and gives reasons on the record.
- Fees: set by the judge, with no fixed cap. The parents usually pay.
You can ask the court at any time to review the guardian's fees.
Mediation is required
Since January 1, 2016, mediation has been required in contested family court cases statewide.
- Timing: the first session must happen within 30 days of the mediator's appointment.
- Before trial: the final hearing is not scheduled until mediation is done.
- Cost: a court-appointed mediator charges $200 an hour, usually split between the parents.
- Low income: if you were allowed to file without paying fees, you pay no mediator fees.
There is no automatic exemption for domestic violence. You can file a motion asking to be exempted for good cause.
How to file for custody in South Carolina
Custody cases are heard in family court. The courts' self-help guidance says to file in the county where the child lives. South Carolina must usually be the child's home state for six months.
- Prepare the papers. These include a Coversheet (SCCA 467), a Summons and a Complaint for custody.
- File and pay the fee, or ask to file without paying.
- Serve the other parent, by sheriff, process server or certified mail. They have 30 days to answer.
- Mediate if custody is contested.
The courts publish a self-help visitation packet for parents, but no custody packet. The court's own guidance strongly urges getting a lawyer for custody. South Carolina Legal Services may be able to help.
How much does it cost to file for custody in South Carolina?
Family court fees are set by statute.
| Filing | Fee |
|---|---|
| Custody or visitation complaint | $150 |
| Each motion, such as for temporary relief | $25 |
| Answer by the other parent | Free |
| Order of protection | Free |
| Court-appointed mediator | $200 an hour, usually shared |
If you cannot afford the fees, file a Motion to Proceed In Forma Pauperis (SCCA 405F), with a financial declaration. Since 2024, net household income at or below the federal poverty guidelines creates a presumption you cannot pay.
What changed recently
South Carolina's custody statutes have changed little since 2012. The changes are in court rules and cases.
- October 1, 2025: new Family Court Rule 21 procedures for temporary hearings.
- 2024: the Uniform Child Abduction Prevention Act took effect. Fee waiver rules gained a poverty-line presumption.
- 2024: the Supreme Court held that a judge can ask a guardian ad litem for a recommendation without extraordinary circumstances.
- 2023: child support can be owed from the date of conception.
Bills to presume equal parenting time were filed in 2025 and 2026. None passed.
Building the record
South Carolina judges weigh who has been the primary caretaker and each parent's involvement. Those questions are answered with dates, not adjectives.
Note each school run, doctor visit and exchange as it happens. Casewell keeps those notes and the messages behind them together, so a lawyer can read a clear timeline.
Before you record a call or a handover, check whether you can record your co-parent in South Carolina.
A clearer way to prepare
Come to court ready, not stressed.
Turn messages, receipts and everyday notes into a clear attorney-ready record.
New record
Late pickup
Pickup was scheduled for 5:00pm. The other parent arrived at 5:42pm.
Report ready
Your report is ready
Ready for your attorney or lawyer to review.
A South Carolina custody record
South Carolina judges weigh caretaking and each parent's involvement. Keep these items current so your facts are ready.
Keep the record South Carolina judges weigh
Casewell keeps dated caretaking, visits and the messages behind them in one private place. Export the period a lawyer or guardian ad litem needs as a focused PDF.
Is South Carolina a 50/50 custody state?
No. No statute presumes joint custody or equal time. The Supreme Court says joint or divided custody should be awarded only in exceptional circumstances.
Who has custody of a child if the parents are not married in South Carolina?
By law, the mother has sole custody until a court orders otherwise. Once paternity is established, the father can ask the court for custody or visitation.
At what age can a child choose which parent to live with in South Carolina?
No age lets a child choose. The court must consider the child's reasonable preference, weighed by age, maturity and judgment.
How much does it cost to file for custody in South Carolina?
The filing fee is $150, and each motion costs $25. You can ask to file without paying fees if you cannot afford them.
Can I move with my child in South Carolina?
There is no statute requiring notice. A court generally cannot stop a custodial parent moving within the state, but a move can still be raised in a custody case.
Is mediation required in South Carolina custody cases?
Yes. Since 2016, contested family court cases go to mediation before trial. A parent can ask to be exempted for good cause.
Sources
This page summarizes the South Carolina Code, Titles 8, 20 and 63, South Carolina court rules and appellate decisions as of October 2026. It explains the law in general terms and is not legal advice.
- S.C. Code Title 63, Chapter 15 โ custody, factors and parenting plans checked
- S.C. Code Title 63, Chapter 17 โ paternity and custody of children of unmarried parents checked
- S.C. Code Title 20, Chapter 4 โ protection from domestic abuse checked
- S.C. Code Title 63, Chapter 3 โ family court powers and guardians ad litem checked
- Patel v. Patel, 359 S.C. 515 (2004) โ joint custody checked
- Latimer v. Farmer, 360 S.C. 375 (2004) โ relocation and modification checked
- South Carolina Judicial Branch โ self-help resources checked
- South Carolina Legal Services โ child custody and visitation checked