IN PLAIN ENGLISH
How custody works in South Carolina
In South Carolina, custody cases are decided in Family Court. [SC-P7, SC-P8] The judge can give joint custody to both parents or sole custody to one parent, and must explain the decision in the final order. [SC-P2] Separately from custody, the judge decides parenting time, meaning the schedule of when your child is with each parent. [SC-P2]
There is no presumption for 50/50 time and no favored parent; the old rule that preferred mothers of young children was abolished. [SC-P1, SC-P2] The judge looks at a list of best-interest factors written into state law. [SC-P3] A bill to create an equal-parenting presumption was introduced in 2026, but it has not become law. [SC-P9]
South Carolina has no statewide standard schedule. [SC-P5, SC-P6] When custody is contested at a temporary hearing, each parent must file a proposed parenting plan that shows how time and major decisions would be shared, and the state provides a fill-in form for it. [SC-P4, SC-P5]
Judges must give weight to evidence of domestic violence, and a parent found to have committed it can get visitation only if the child and the victim can be kept safe. [SC-P1]
Words you’ll see in your papers
- Joint custody
- Both parents have equal rights and responsibilities for major decisions such as school, medical care, activities and religion. A judge may still give one parent the final say on specific decisions. [SC-P10]
- Sole custody
- One parent has custody and makes the major decisions, unless the court order says otherwise. [SC-P10]
- Parenting time / visitation
- The schedule of when your child is with each parent. The judge sets it based on your child's best interest, whatever the custody label. [SC-P2]
- Parenting plan
- A written proposal showing how parenting time and major decisions would be shared. It is required at contested temporary hearings, using the state form SCCA 466. [SC-P4, SC-P5]
- Paternity acknowledgment
- A sworn (verified) form both parents sign that creates a legal finding of who the father is. [SC-P11]
COMMON QUESTIONS
What parents in South Carolina ask first
Does South Carolina start from 50/50?
No. [SC-P2] The judge decides custody and parenting time based on your child's best interest, and when custody is contested or a parent asks for joint custody, the judge must consider all options, including joint custody. [SC-P2] A bill that would create an equal-parenting presumption was introduced in January 2026 and was still sitting in a House committee when this page was checked. [SC-P9]
What does the judge look at?
Your child's best interest. [SC-P3] The law lists: your child's temperament and developmental needs; each parent's ability to meet those needs; your child's preferences; what each parent wants; your child's relationships with each parent, brothers and sisters, grandparents and others; whether each parent supports the child's relationship with the other parent and follows court orders; any attempt to pull the child into the parents' fight or to put down the other parent in front of the child; each parent's involvement in the child's life; how settled your child is at home, school and in the community; the stability of each home; everyone's mental and physical health; the child's cultural and spiritual background; any abuse, neglect or domestic violence; and whether a parent moved more than 100 miles away in the past year (unless for safety). [SC-P3] A disability alone cannot decide custody. [SC-P3]
Is there a standard schedule?
No statewide one. [SC-P5, SC-P6] Parents propose their own schedule in a parenting plan, and the judge decides. [SC-P4] The state's self-help proposed visitation order leaves the schedule for the judge to write in or attach. [SC-P14] Your county's Family Court clerk may post local forms, so check your county's Family Court page. [SC-P13]
Does my child get to choose?
No age gives your child the final say. [SC-P1] The judge must consider your child's reasonable preference and decides how much weight to give it based on your child's age, experience, maturity, judgment and ability to express a preference. [SC-P1]
Can I move with my child?
South Carolina's custody statutes do not set a notice period for moving. [SC-P3] If parents disagree about a move, the judge decides based on your child's best interest. [SC-P3] Whether a parent has moved more than 100 miles from the child's main home in the past year is one of the factors the judge weighs, unless the move was for safety. [SC-P3]
Can the order be changed later?
Yes. [SC-P3, SC-P7] You can file in Family Court to change custody or visitation, and the judge uses the same best-interest factors when modifying an order. [SC-P3, SC-P7] The state's free self-help visitation packet is only for asking for visitation the first time, not for changing an existing order. [SC-P6]
We were never married. What do we need to do first?
Paternity (who the legal father is) usually needs to be settled first. [SC-P6, SC-P11] A sworn paternity acknowledgment signed by both parents creates a legal finding of paternity; either signer can cancel it within 60 days, or before a court or agency case about the child starts if that comes first, and after the 60 days it can only be challenged in court for fraud, duress or a material mistake of fact. [SC-P11] A father can then ask the Family Court for visitation or custody, and the state's self-help visitation packet is written for parents in that situation. [SC-P6]
What if there is abuse or domestic violence?
The judge must give weight to evidence of domestic violence, including physical or sexual abuse. [SC-P1] A parent found to have committed domestic violence can get visitation only if the court can keep the child and the victim safe, and the judge can order supervised visits, exchanges in a protected place, or a treatment program. [SC-P1] A victim who left the home because of the violence should not lose custody for that reason alone. [SC-P1] An order of protection can also give temporary custody and visitation. [SC-P12]
Free, official places to start
- South Carolina Judicial Branch: Self-Represented Litigant Visitation Packets
Free official forms and step-by-step instructions for a parent asking the Family Court for visitation without a lawyer.
- South Carolina Code, Title 63, Chapter 15 (Child Custody and Visitation)
The state law on custody, the child's preference, domestic violence, parenting plans and the best-interest factors.
- SCCA 466 Proposed Parenting Plan (PDF)
The statewide form each parent fills out to propose custody, decision-making and a parenting schedule.
LOCAL SPOTLIGHT · GREENVILLE
Greenville County
Greenville County Family Court (Thirteenth Judicial Circuit), 350 Halton Road, Greenville
Greenville County, the state's largest county, does not post its own visitation schedule; its Family Court follows the statewide law and forms. [SC-P8, SC-P13] The Clerk of Court's forms page adds local paperwork for mediation (an order appointing a mediator and a mediation report) and a request for hearing, and it links to the state's self-help visitation packet. [SC-P13] The court is at 350 Halton Road and is open weekdays from 8:30 a.m. to 5:00 p.m.; the clerk's staff cannot give legal advice. [SC-P8]
- Greenville County Family Court
What the Family Court handles, where it is and its hours.
- Greenville County Family Court forms
Local forms for appointing a mediator, reporting the result of mediation and requesting a hearing, plus a link to the state visitation packet.
- South Carolina SRL Visitation Packet: Plaintiff instructions (PDF)
Step-by-step instructions for filing for visitation in the county where your child lives, including fee waivers and the hearing.
Other counties in South Carolina can have different local rules and forms. Check the court where your case is filed.
THE DETAILED GUIDE · WHAT KIND OF SCHEDULE THE LAW PROVIDES
No fixed statewide schedule identified
Research overview
Statewide best-interest framework and blank parenting-plan form; no fixed statewide calendar identified in the reviewed sources.
Legal force and applicability
Case-specific calendar; no fixed statewide calendar identified in reviewed sources. Any custody/allocation presumption is separate.
Schedule & conditions
Read these topics together with your actual order. A model, form, or presumption does not automatically supply an enforceable calendar.
Regular school-year schedule
Proposed regular schedule filled in by parties/order; no automatic alternate weekends. [SC-2]
Holidays and school breaks
Proposed holiday arrangements entered individually; no fixed statewide parity identified in the reviewed sources. [SC-2]
Summer and vacation time
Proposed vacation/summer arrangements entered individually. [SC-2]
Age and development
Developmental needs and child preferences are factors; no fixed age-tier calendar. [SC-1]
Safety & exceptions
Domestic violence/abuse and safe parental/child relationships are best-interest factors; individualized protective restrictions. [SC-1]