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.

68 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

  • Clemencia Mazzaferro
    Posted at 12:19h, 28 February

    Do you mind if I quote a couple of your articles as long as I provide credit and sources back to your website? My blog is in the exact same niche as yours and my users would truly benefit from some of the information you provide here. Please let me know if this ok with you. Cheers!

  • Buy Emails
    Posted at 14:48h, 28 February

    Wonderful post however , I was wondering if you could write a litte more on this subject? I’d be very thankful if you could elaborate a little bit further. Thanks!

  • Marketing Booster
    Posted at 08:18h, 05 March

    Even though I never thought of doing email marketing, this site completely changed the way I run my business now. Never seen emails going that cheap in my life: http://bit.ly/emails4less

  • Charlott Tugwell
    Posted at 16:00h, 06 March

    Good post but I was wondering if you could write a litte more on this topic? I’d be very thankful if you could elaborate a little bit more. Kudos!

  • eebest8 michael
    Posted at 16:34h, 13 March

    “wonderful points altogether, you just gained a new reader. What would you recommend about your submit that you made some days in the past? Any positive?”

  • Marketing & Advertising Agency in Dallas Fort Worth
    Posted at 06:20h, 15 March

    Very good blog.Much thanks again. Cool.

  • visit these guys
    Posted at 14:21h, 19 March

    I really enjoy the blog post.Really looking forward to read more. Fantastic.

  • Griselda Fletchen
    Posted at 02:16h, 21 March

    How to lookup public records online, http://access-background-checks.stream domestic adoptions.

  • Nike Plus
    Posted at 20:34h, 22 March

    kbagifshuny,Very informative useful, infect very precise and to the point. I’m a student a Business Education and surfing things on Google and found your website and found it very informative.

  • GJV Jobs
    Posted at 14:03h, 23 March

    Looking forward to reading more. Great post.Really looking forward to read more.

  • pandora bracelets
    Posted at 14:33h, 23 March

    qzpusrnsvoi,Very helpful and best artical information Thanks For sharing.

  • Nike VaporMax
    Posted at 22:56h, 23 March

    dqlvvf,Waw! Its really great and wonderful ever i found. Thank you for sharing this info.

  • Cowboys Jerseys
    Posted at 07:32h, 24 March

    oqdeboq,Thanks for this useful information, Really amazing. Thanks again. I LOve your BloG

  • Birkenstock UK
    Posted at 19:46h, 24 March

    solweaad,Hi there, just wanted to say, I liked this article. It was helpful. Keep on posting!

  • Yeezy
    Posted at 20:19h, 24 March

    gjheytqjtg,Some really nice stuff on this website, I enjoy it.

  • Nike Air Max 270
    Posted at 04:02h, 25 March

    kapmsacy,We have a team of experts who could get you the correct settings for Bellsouth net email login through which, you can easily configure your email account with MS Outlook.

  • Nike Air Max 2019
    Posted at 15:22h, 25 March

    xarvkmbxoqw,A very good informative article. I’ve bookmarked your website and will be checking back in future!

  • office furniture installers
    Posted at 18:40h, 25 March

    Appreciate you sharing, great blog. Really Great.

  • Steelers Jerseys Cheap
    Posted at 23:32h, 25 March

    ijtqycox,Very helpful and best artical information Thanks For sharing.

  • Cheap Nfl Jerseys Wholesale
    Posted at 09:15h, 26 March

    libuvzdwr,Are you searching for top class Escort service in Noida and want to enjoy with them, hire sexy girls from top Greater Noida escort service and enjoy full night.

  • Pandora Official Site
    Posted at 20:56h, 26 March

    vwkpcovxsy,Waw! Its really great and wonderful ever i found. Thank you for sharing this info.

  • Air Jordan 12 Gym Red
    Posted at 03:50h, 27 March

    nhbdqmxmuvv,Your blog was informative and valuable to me. Thanks for sharing.

  • Salomon Shoes
    Posted at 16:57h, 27 March

    kwipspb,Hi there, just wanted to say, I liked this article. It was helpful. Keep on posting!

  • nfl jerseys
    Posted at 20:22h, 29 March

    iabfnys,Some really nice stuff on this website, I enjoy it.

  • chwilówki
    Posted at 05:38h, 30 March

    Muchos Gracias for your article.Really thank you! Much obliged.

  • nike factory outlet store online
    Posted at 18:28h, 30 March

    gysqmz,Hi there, just wanted to say, I liked this article. It was helpful. Keep on posting!

  • Remarkable Website - MAKE MONEY IN RECESSION Will Help You Get There
    Posted at 01:56h, 01 April

    Thanks-a-mundo for the article.Really looking forward to read more.

  • Yeezy Shoes
    Posted at 05:15h, 01 April

    vbpkhsp,Your blog was informative and valuable to me. Thanks for sharing.

  • Yeezy
    Posted at 22:22h, 01 April

    memssse Yeezy Boost 350,Thanks for this useful information, Really amazing. Thanks again. I LOve your BloG

  • Yeezy
    Posted at 23:41h, 01 April

    lapjet,Quality blog, keep up the good work. You may check our website also!

  • Nike Vapormax Flyknit
    Posted at 19:51h, 02 April

    mwjzgwwpet,Thanks for sharing this recipe with us!!

  • Pandora
    Posted at 06:15h, 03 April

    duqfavbn,Very helpful and best artical information Thanks For sharing.

  • Nike React Element 87
    Posted at 02:09h, 04 April

    mfuornfalyk,Thanks for sharing such an amazing blog. I am so happy found this informative blog.

  • You Tube: Pitkin Sympathy Florist
    Posted at 03:51h, 05 April

    I cannot thank you enough for the article.Much thanks again. Will read on…

  • jordan 33
    Posted at 09:41h, 06 April

    hcgerxd,If you want a hassle free movies downloading then you must need an app like showbox which may provide best ever user friendly interface.

  • Yeezy
    Posted at 03:43h, 07 April

    jbcfhkktzjp Yeezy Shoes,Very informative useful, infect very precise and to the point. I’m a student a Business Education and surfing things on Google and found your website and found it very informative.

  • Rae Mulry
    Posted at 11:16h, 08 April

    Thanks on your marvelous posting! I really enjoyed reading it, you’re a great author.I will remember to bookmark your blog and definitely will come back sometime soon. I want to encourage you to definitely continue your great writing, have a nice day!

  • NFL Jerseys 2019
    Posted at 11:31h, 10 April

    ruhigoalzv,Some really nice stuff on this website, I enjoy it.

  • Yeezy
    Posted at 19:05h, 12 April

    Game Killer Apk Download Latest Version for Android (No Ad) … Guess not because Game killer full version app is not available on Play store.

  • Austgex
    Posted at 04:50h, 18 April

    Zithromax 500mg Chlamydia Order Direct Amoxicilina Tablets Armagh Medical Amoxil Antibiotics buy canadian finasteride 1 mg Amoxicillin And Cetalopram

  • gay sex toys
    Posted at 02:36h, 20 April

    A big thank you for your post.Really thank you! Will read on…

  • I have an invention
    Posted at 08:25h, 20 April

    I really like and appreciate your post.Thanks Again. Will read on…

  • how to get a patent
    Posted at 12:57h, 20 April

    Awesome blog.Really thank you! Really Great.

  • Salomon UK
    Posted at 15:46h, 20 April

    Dalio said that capitalism has developed into a system that promotes the widening gap between the rich and the poor, thus leaving the United States at risk of survival. Dalio published a two-part series on the professional social networking site, pointing out that capitalism is now in urgent need of reform and proposed a reform approach.

  • how to patent an idea
    Posted at 16:49h, 20 April

    A big thank you for your blog article.Really thank you! Awesome.

  • Cathryn Pladson
    Posted at 21:12h, 20 April

    $5000 in real cash every single month?? Yes, it’s possible! Register to learn: http://bit.ly/2GypqBt

  • inventhelp caveman
    Posted at 22:49h, 20 April

    wow, awesome blog.Really thank you! Great.

  • Loren Mathews
    Posted at 06:13h, 21 April

    $5000 in real cash every single month?? Yes, it’s possible! Register to learn: http://bit.ly/2DnKhoQ

  • inventor information
    Posted at 08:24h, 21 April

    This is one awesome article. Will read on…

  • Austgex
    Posted at 11:56h, 21 April

    Cat And Amoxicillin 3 Hours Early Cialis Prezzi Farmacia Cialis Generico A Prezzi Bassi viagra Buying Viagra In Ontario Dutasteride In Internet Anaheim

  • Invent Help inventors
    Posted at 17:20h, 21 April

    Im grateful for the blog article.Much thanks again. Great.

  • inventhelp wiki
    Posted at 22:52h, 21 April

    Great article post.Really thank you! Really Great.

  • InventHelp Successful Inventions
    Posted at 08:03h, 22 April

    Really appreciate you sharing this article. Will read on…

Post A Comment