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Child Custody Attorney Fort Mill SC

Serving Families throughout Rock Hill, Indian Land, York County & Lancaster County

Mother with custody of her daughterGoing through a divorce is stressful enough when only finances are involved, but once children come into the picture, emotions can run high. The Court can make life-altering decisions, including with which spouse the children will reside if the two parties cannot agree to custody terms on their own. This is an incredibly important decision as custody can in some circumstances give one of the spouses the power to decide where the children go to school, what doctors they will see, and where they will live, among other things.

Multiple factors, however, are considered during child custody matters. Having an experienced child custody lawyer in Fort Mill will alleviate you of some of the stress. The team at Holland Law LLC is committed to your rights to maintain full or joint custody of your children. We can help guide you through the process and counsel you on the hard decisions you may have to make. Always, your interests and your child's interests are our interests.

With offices in Fort Mill and Rock Hill, we are available to clients throughout Indian Land and York County. Call us at (803) 500-4140 today or contact us online now.

Best Interest of the Child

The law in South Carolina follows the “best interest of the child” standard when it comes to making important decisions on behalf of a child. This means that the court will take into account many factors before coming to a final decision.

Those factors include:

  • The needs and to some extent (and depending on age), the preferences of the child
  • The child's adjustment to his or her home, school, or community and stability at existing or proposed residences, including if a parent moved more than 100 miles from the child's primary residence (unless relocated for safety reasons)
  • The parents' ability to understand and meet those needs and be actively involved in the child's life
  • The parents' desire to have custody
  • The mental and physical health of all individuals involved
  • Past and current relationship of the child with each parent, sibling, grandparent, etc. who could significantly affect the best interests of the child
  • How each parent has encouraged a continuing parent-child relationship with the other parent
  • Manipulative or coercive behavior by a parent to involve a child in the parents' dispute or disparaging the other parent in front of the child
  • Whether a child or sibling of a child has been abused or neglected by one or both of the parents
  • Whether a parent has abused the other parent or another person and the effect of the domestic violence on the child

Guardian Ad Litem

Guardians ad litem are appointed in contested divorce cases when custody is at issue. A guardian ad litem conducts an investigation into matters that might not be brought before the court by the attorneys representing the parties. They also can make recommendations to the court in support of the child's welfare.

To form a proper recommendation, the guardian ad litem may:

  • Interview the child
  • Interview both parents
  • Observe each parent with the child
  • Make surprise visits to the home

Contact us now to schedule a consultation with our Fort Mill SC child custody lawyers!

Legal Custody

Legal custody differs from physical custody in that it only concerns the ability to make decisions on behalf of the child. This type of custody can either be sole or joint. If it is sole, the court will award the decision-making power to one parent. If joint, both parents share the power. Joint legal custody is the preference in South Carolina because the Court feels it is beneficial to the child for both parents to be informed and involved in the process of making major decisions affecting a child's life.

These types of decisions include:

  • Medical
  • Education
  • Religion
  • Extracurricular activities

Physical Custody

Physical custody refers to which parent the child is going to live with.

There are three different types of physical custody:

  • Sole physical custody means that one parent gets all the time with the child; it is not shared with the other parent. It is important to note that it is possible that visitation will be allowed by the court, which will provide the non-custodial parent the ability to see the child on a periodic basis.
  • Joint physical custody is where a court awards both parents equal time with the child. This can be an arrangement where the child alternates homes on certain weeks of a month. However, courts in South Carolina do not favor this type of custody award since it can be disruptive to the child.
  • Shared physical custody means that a court will award primary physical custody to one parent and visitation to the other parent. Under this type of arrangement, the child primarily lives with one parent and has one residence but has a set visitation schedule with the other parent and visits that parent at their home. This type of agreement is strongly preferred by the court in South Carolina since it gives the child the best of both worlds - stability while simultaneously having both parents in his or her life.

Modifications to Custody Orders

Once a Court has determined custody, it is possible in certain situations for the custody order to be modified. For example, if the parents determine that the arrangement no longer works for them due to scheduling conflicts, a modification may be requested. A court will view any request for modification with an eye on what is in the best interest of the child. Therefore, if the modification request will unnecessarily interrupt the child's way of life, it is unlikely to be approved.

Comprehensive & Compassionate Child Custody Lawyers Serving York & Lancaster Counties

If you are going through a divorce, there is a lot at stake. The anxiety and stress you may be feeling is completely normal. To reduce some of the stress you feel, you need to hire competent and experienced legal representation.

Our team of Fort Mill SC child custody attorneys at Holland Law LLC is knowledgeable of the law, the courts, and the overall process. Our insight into custody matters can help make sure your interests remain a priority. Having a knowledgeable and trusted litigator to represent you will help put your mind at ease.

Call us at (803) 500-4140 to learn more or contact us online to schedule a consultation!

Our Values

How We Fight For Your Family
  • Over 24 years
    of legal experience.

  • We treat your matter with
    integrity and respect.

  • Tom has extensive experience
    in the courtroom

  • Licensed in South Carolina
    and Virginia

  • Tom is a
    Certified Mediator.

Contact Holland Law LLC Today!

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