We understand that court cases involving children can be, and usually are, emotional. If parents can’t agree on an issue affecting their child, a court will decide what is in the best interest of the child.
In South Carolina, family court judges consider several factors per S.C. Code Ann. § 63-15-240:
- Temperament and Developmental Needs of the Child: Judges assess the child’s personality, temperament, and developmental stage. Understanding what the child needs at different ages and stages is crucial.
- Parents’ Capacity and Disposition: The court looks at the parents’ ability to understand and meet the child’s needs. Are they emotionally available? Can they provide a stable and nurturing environment?
- Child’s Preferences: While not the sole factor, the child’s preferences are considered. The weight given to these preferences depends on the child’s age, maturity, judgment, and ability to express their wishes. It’s important to note that this doesn’t mean the child gets to make the final decision, but their voice matters.
- Physical, Psychological, and Emotional Characteristics: Judges evaluate various aspects of the child’s life, including physical well-being, psychological health, and emotional stability. They want to ensure that the child’s overall welfare is safeguarded.
- Parent-Child Relationships: The court examines the quality of the relationships between the child and each parent. Factors include past and present interactions, communication, and cooperation. Judges want to see parents who encourage positive relationships and avoid behaviors that undermine the other parent’s role.
- Day-to-Day Involvement: Judges consider how involved each parent has been in the child’s day-to-day life before the divorce. Sometimes, a parent who wasn’t very active during the marriage suddenly expresses a strong desire to be more involved post-divorce. The sincerity of this desire matters.
- Religious Faith: Whenever practicable, the court will select a person or agency of the same religious faith as that of the parents of the child, or if the parents are of a different religious faith, then the religious faith of the child.
Ultimately, the court’s goal is to ensure the child’s health, safety, and overall well-being. Decisions should prioritize the child’s best interests in these areas. Lastly, this process is never a one-size fits all scenario. Every case is analyzed and treated individually, to serve the child’s best interests. At Hooser Legal Counsel, we strive to protect and prioritize the best interests of all children involved in a legal matter.
This is not legal advice.