Understanding the Best Interest of the Child in Custody Cases

Understanding the Best Interest of the Child in Custody Cases

Divorcing couples hear the phrase often from attorneys and judges: “the best interests of the child.” But what exactly does this mean? Clearly, most parents feel they are acting in their children’s best interests, even if opinions may vary widely between disputing sides.  Indeed, most divorces involve couples who cannot agree on things. After all, that’s probably part of why they are getting divorced. When a judge says that a decision is being based on the best interests of the child in custody cases, many parents experience frustration and confusion.

Title 63 – The South Carolina Children’s Code

South Carolina law provides a specific section of the Code just for determining a child’s best interests for custody, visitation, and ongoing care. The words “best interest(s) of the child” appear 21 times in Title 63 of the Code.

Custody and Visitation

Until 1994, South Carolina applied the “Tender Years Doctrine,” which basically said that mothers should be the presumptive custodian. This law was abolished. Likewise, South Carolina is among the minority of states that prefer not to use joint parenting agreements.

South Carolina has determined that this leads to more disputes than simply rendering one parent the primary custodian and then giving the other parent visitation. Still, under Section 63-15-230(B), the court can award sole or joint custody, depending on the facts of the case.

General Considerations for Custody and Visitation

Although the concept of the best interests of the child in custody cases may seem vague, there are actually 16 specific things a court can consider when deciding whether a certain course of action is indeed best for children (See the following summary of factors listed in the Children’s Code, Section 63-15-240(B)):

  1. temperament and developmental needs of the child
  2. capacity and disposition of parents to meet child’s needs
  3. preferences of the child
  4. wishes of the parents
  5. relationships between children and parents, siblings, and extended family; actions of parents in complying with court orders and encouraging the child’s relationship with the other parent and extended family
  6. the manipulative or coercive behavior of parents
  7. parents disparaging each other in front of the child
  8. the ability of the parent to be involved in the child’s life
  9. the child’s adjustment to home, school, and community
  10. stability of child’s current and potential residences
  11. the mental and physical health of everyone involved (parent’s disability cannot in and of itself be grounds for finding custody is against best interests of the child);
  12. child’s cultural and spiritual background
  13. whether child or sibling has been abused or neglected
  14. existence and effects of child abuse or domestic violence
  15. relocation of parents; and
  16. any other factors the court considers necessary

Courts Have Broad Powers

As you can probably see from the 16 statutory factors listed above (specifically #16), the court can exercise sweeping power for reviewing the entire facts and circumstances at play in a child’s life. Judges are particularly careful not to overreach or read their own personal or religious beliefs into their decisions. Nevertheless, an experienced family law attorney can often make all the difference when arguing why certain factors weigh more in favor of one parent over the other.

Get Help With Your Custody Case

If you are involved in a dispute regarding the principles of the best interest of the child in custody cases in the Mount Pleasant or surrounding areas of South Carolina, contact Klok Law Firm LLC.  You will be able to speak with a knowledgeable attorney about your case. When children are involved, there is simply too much at stake to take your chances being unrepresented.

15 Comments
  • Football Solutions Under-17 - Antonio Vutov
    Posted at 19:28h, 05 November

    David Beckham looks set to rejoin the Premier League on a short-term loan, with managers across the country pondering whether the 35-year-old could give their team a lift. The Friday Five: Loan stars who hit the heights in the Premier League

  • Gretta Heney
    Posted at 08:06h, 16 November

    Probably one of the biggest Affiliate Programs out there: http://bit.ly/2ODt2Tt – 30 commission on all products!

  • Donna Lento
    Posted at 08:22h, 16 November

    If you know how to copy and paste link onto your website, facebook page, instagram etc, then head on to this website to earn 30 on all products: http://bit.ly/2ODt2Tt

  • Alfreda Wiedrich
    Posted at 05:00h, 25 November

    Have you ever considered publishing an ebook or guest authoring on other blogs? I have a blog centered on the same topics you discuss and would really like to have you share some stories/information. I know my visitors would appreciate your work. If you’re even remotely interested, feel free to shoot me an email.

  • Lucien Gill
    Posted at 22:45h, 26 November

    Finally found a legit way of making some really good money: Affiliate Program – 30 comission – all you have to do is browse through the products you like, then copy your affiliate link and include it as a comment on blogs or forums, or simply recommend it on your Facebook profile. This is one of the best affiliate programs out there, trust me on this one!

  • Josef Higgins
    Posted at 22:48h, 26 November

    Tried to find any method of additional income and always failed until I finally found something legit: Affiliate Program – 30 comission – You get 30 on all products, all you have to do is copy your affiliate link and comment on blogs, forums etc. Just register and confirm your accouunt, go to affiliate links section, copy your favorite product link and spread it all over the internet. Piece of cake!

  • Patrick Hamm
    Posted at 19:55h, 28 November

    If you ever tried Phallomax, please share your thoughts here. I am about to test it out. Have heard about this product some good reviews. Just wondering on how many more inches would it add to my little fella down there lol 😛

  • Phallomax
    Posted at 01:35h, 02 December

    Smashing post. Regards 😀

  • Little Pecker
    Posted at 01:39h, 02 December

    Awesome post. Best Regards 😀

  • Vapor Max
    Posted at 20:05h, 04 December

    Yeezy Shoeshttp://www.yeezy.com.co/
    Yeezyhttp://www.yeezys.us.com/
    Yeezy Supplyhttp://www.yeezysupply.us.com/
    Yeezy Sneakershttp://www.yeezy-shoes.us.com/
    Yeezy Boost 350http://www.yeezy-boost350.com/
    Yeezy Boosthttp://www.yeezyboost350.us.com/
    Yeezy Blue Tinthttp://www.yeezybluetint.com/
    Yeezy 500http://www.yeezy500utilityblack.com/
    Yeezy 500 Utility Blackhttp://www.yeezy500utilityblack.us/
    Nike Air VaporMaxhttp://www.vapor-max.org.uk/
    Salomon UKhttp://www.salomon-shoes.org.uk/
    Salomon UKhttp://www.salomons.me.uk/
    Salomon Speedcross 4http://www.salomonspeedcross4.org.uk/
    Off White Air Jordan 1http://www.offwhitejordan1.com/
    Nike Air VaporMaxhttp://www.nikevapormax.org.uk/
    React Element 87http://www.nikereactelement87.us.com/
    React Element 87http://www.nikereactelement87.us/
    Nike Plushttp://www.nikeplus.us/
    Nike Outlet Onlinehttp://www.nike–outlet.us/
    Nike Outlet Store Online Shoppinghttp://www.nikeoutletstoreonlineshopping.us/
    Nike Outlet Storehttp://www.nikeoutletonlineshopping.us/
    NBA Jerseyshttp://www.nikenbajerseys.us/
    Air Max Nikehttp://www.nikeairmax.us/
    Air Max Nikehttp://www.max2017.us/
    Jordan Shoes 2018http://www.jordan-com.com/
    Jordan 11 Concord 2018http://www.jordan11-concord.com/
    Cheap Yeezy Shoeshttp://www.cs7boots1.com/
    Wholesale Cheap NBA Jerseyshttp://www.cheapnba-jerseys.us/
    Birkenstock Sandalshttp://www.birkenstocksandalsuk.me.uk/
    Basketball Jerseyhttp://www.basketball-jersey.us/
    Balenciagahttp://www.balenciaga.me.uk/
    Balenciaga UKhttp://www.balenciagauk.org.uk/
    Balenciaga UKhttp://www.balenciagatriples.org.uk/
    Balenciagahttp://www.birkenstocks.me.uk/
    Balenciaga UKhttp://www.balenciagatrainers.org.uk/
    Nike Air Max 270http://www.airmax270.org.uk/
    Yeezyhttp://www.adidasyeezyshoes.org.uk/
    Adidas Yeezyhttp://www.adidasyeezyshoes.org.uk/

  • Jordan 11 Concord 2018
    Posted at 00:20h, 05 December

    Yeezyhttp://www.yeezy.com.co/
    Yeezyshttp://www.yeezys.us.com/
    Yeezy Supplyhttp://www.yeezysupply.us.com/
    Yeezys Shoeshttp://www.yeezy-shoes.us.com/
    Yeezy Boosthttp://www.yeezy-boost350.com/
    Yeezy Boost 350 V2http://www.yeezyboost350.us.com/
    Yeezy Shoeshttp://www.yeezybluetint.com/
    Yeezy 500 Utility Blackhttp://www.yeezy500utilityblack.com/
    Yeezy 500http://www.yeezy500utilityblack.us/
    Vapor Maxhttp://www.vapor-max.org.uk/
    Salomon UKhttp://www.salomon-shoes.org.uk/
    Salomon UKhttp://www.salomons.me.uk/
    Salomon UKhttp://www.salomonspeedcross4.org.uk/
    Off White Jordanhttp://www.offwhitejordan1.com/
    Nike VaporMaxhttp://www.nikevapormax.org.uk/
    Nike Element 87http://www.nikereactelement87.us.com/
    Nike Element 87http://www.nikereactelement87.us/
    Nike Vapormax Plushttp://www.nikeplus.us/
    Nike Outlet Storehttp://www.nike–outlet.us/
    Nike Outlet Store Online Shoppinghttp://www.nikeoutletstoreonlineshopping.us/
    Nike Outlethttp://www.nikeoutletonlineshopping.us/
    Nike NBA Jerseyshttp://www.nikenbajerseys.us/
    Air Max Nikehttp://www.nikeairmax.us/
    Nike Air Max 2017http://www.max2017.us/
    Air Jordan Shoeshttp://www.jordan-com.com/
    Jordan 11 Concordhttp://www.jordan11-concord.com/
    Kanye West Yeezys Boost Shoeshttp://www.cs7boots1.com/
    Cheap NBA Jerseyshttp://www.cheapnba-jerseys.us/
    Birkenstock Sandals UKhttp://www.birkenstocksandalsuk.me.uk/
    Basketball Jerseyhttp://www.basketball-jersey.us/
    Balenciaga UKhttp://www.balenciaga.me.uk/
    Balenciagahttp://www.balenciagauk.org.uk/
    Balenciagahttp://www.balenciagatriples.org.uk/
    Balenciagahttp://www.birkenstocks.me.uk/
    Balenciaga UKhttp://www.balenciagatrainers.org.uk/
    Nike Air Maxhttp://www.airmax270.org.uk/
    Yeezyhttp://www.adidasyeezyshoes.org.uk/
    Adidas Yeezyhttp://www.adidasyeezyshoes.org.uk/

  • Renato Guttenberg
    Posted at 17:57h, 29 January

    Very good post. http://bit.ly/2N5npwG

  • Titus Alicia
    Posted at 18:00h, 29 January

    Interesting things I find: http://bit.ly/2N5npwG

  • Loren Dupass
    Posted at 22:28h, 29 January

    Please let me know if you’re looking for a author for your blog. You have some really good posts and I believe I would be a good asset. If you ever want to take some of the load off, I’d absolutely love to write some articles for your blog in exchange for a link back to mine. Please send me an email if interested. Regards!

  • Melissa Matyas
    Posted at 11:51h, 18 February

    Awesome info. Thx xD

Post A Comment