Child custody is one of the most difficult issues a parent faces during divorce. At Barker Family Law, our child custody attorneys are dedicated to protecting your rights to raise your child in a healthy, thriving environment. Our attorneys represent parents in Charleston, Dorchester and Berkeley counties in all aspects of child custody and visitation.
South Carolina recognizes two types of child custody:
Custody arrangements, including parenting time schedules for the noncustodial parent, can be negotiated or agreed on through mediation. If the family court decides the case, it will not only award custody but also will specify the overnight and visitation schedule. The attorneys at Barker Family Law work diligently to make sure your rights and your child’s welfare are considered in the court’s decision.
Under South Carolina law, family courts must determine the best interest of the child when awarding custody. The court often gives weight to the parent who has been the primary caregiver. The law requires the court to consider the following factors:
Our attorneys are very familiar with these factors and know how to successfully advocate for parents seeking either sole or joint custody of their child after a divorce.
Child support is determined based on several factors relating to each parent:
We work hard to help our clients obtain fair child support payments that properly care for raising children. When circumstances change, we help clients obtain post-divorce modifications. Either parent can request a change to child custody or child support orders. The parent seeking the change must show a substantial change in circumstances to justify modification. In the case of child support, a substantial change includes losing a job, developing a medical condition or disability that limits the ability to work, or the child’s status.
We also assist clients in enforcing support orders when the parent ordered to pay child support fails to do so. The penalties for nonsupport are serious: they include automatic payroll deductions, seizure of bank accounts, and finding the parent in contempt of court, which could result in jail time.