What are the South Carolina laws on care, custody and maintenance of children upon divorce?

Full question:

My husband and I live in South Carolina with our daughter. We are on the verge of dissolving our marriage. I would like to know the law on care, custody and maintenance of children upon divorce.

  • Category: Divorce
  • Date:
  • State: South Carolina

Answer:

In South Carolina, during the action for divorce, the court may at any stage from time to time after the final judgment, make orders concerning care, custody and maintenance of the children of the marriage. If required, security shall be given for the same as from the circumstances of the parties and the nature of the case and also upon the best interests of the children that may be fit equitable and just.

This is provided in S. C. Code Ann. §20-3-160. It reads:
“In any action for divorce from the bonds of matrimony the court may at any stage of the cause, or from time to time after final judgment, make such orders touching the care, custody and maintenance of the children of the marriage and what, if any, security shall be given for the same as from the circumstances of the parties and the nature of the case and the best spiritual as well as other interests of the children may be fit, equitable and just.”
 

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In South Carolina, if a father is listed on the birth certificate, he has legal rights to seek custody and visitation. This recognition allows him to participate in decisions regarding the child's upbringing. However, he may need to establish paternity formally if there are disputes. The court will always prioritize the child's best interests when making custody decisions. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*