South Carolina Child Custody: A Parent's Guide

In short: South Carolina decides custody under a broad, non-exhaustive list of best-interest factors, one of which explicitly weighs whether a parent has already relocated more than 100 miles from the child's residence in the past year. Custody orders commonly require 30 to 60 days' written notice before relocating, and skipping it risks contempt, a custody modification, or an order to bring the child back.

This is an educational overview written for parents, not lawyers. It isn't legal advice. For anything beyond general understanding, talk to a licensed South Carolina family law attorney.

What South Carolina generally provides

Under S.C. Code § 63-15-240, South Carolina Family Courts must consider the best interest of the child when issuing or modifying a custody order, weighing a broad, non-exhaustive list of statutory factors alongside any others the court finds relevant.

Important terminology

• Best interest of the child: South Carolina's controlling standard, assessed through the § 63-15-240 factors, which the statute makes clear is not a closed list.
• Prior relocation factor: the specific consideration of whether a parent has already moved more than 100 miles from the child's primary residence in the past year.
• Manipulation or coercive behavior: a factor courts weigh where a parent has tried to involve the child in the parents' dispute.

How custody works in South Carolina

A wide-ranging, non-exhaustive factor list

Courts consider the child's temperament and developmental needs, each parent's capacity and disposition to understand and meet those needs, the child's own preferences, the wishes of the parents, the past and current relationship between the child and each parent, siblings, and other significant individuals, each parent's actions to encourage the child's relationship with the other parent (including compliance with court orders), and any manipulation, coercive behavior, or disparagement directed at the other parent in front of the child. The mental and physical health of everyone involved matters, though a party's disability alone can't be determinative unless the arrangement itself isn't in the child's best interest. The statute also directs courts to weigh the child's cultural and spiritual background, whether the child or a sibling has been abused or neglected, and whether either parent has perpetrated domestic violence or child abuse.

A distinctive prior-relocation factor

Unusually among states, South Carolina's list explicitly includes whether one parent has relocated more than 100 miles from the child's primary residence in the past year, unless that move was for safety reasons, a factor that can weigh into an initial custody decision, not just a later relocation dispute.

Parenting schedules

Once custody is set, families commonly build the actual schedule around patterns like 2-2-3 or week on, week off. See what is a parenting plan for what a strong plan generally covers, how to choose a custody schedule for a general framework, and the custody schedule generator to build the actual calendar.

Moving with your child (relocation)

South Carolina custody orders commonly require the relocating parent to give written notice 30 to 60 days before an intended move, including the new address, the reason for the change, and the intended moving date, though the specific window can vary by individual order, so check your own decree. The notice requirement exists to give the non-relocating parent time to weigh their options and seek counsel, to let both parents try to agree on a modified schedule before involving the court, and to give the Family Court complete information if litigation becomes necessary. Failing to give proper notice can lead to contempt charges, a modification of custody, a court order for the child's immediate return to South Carolina, and an award of attorney's fees to the other parent. See moving to another state with shared custody for how relocation standards tend to work more broadly across states.

Common questions

How is child support calculated? South Carolina uses the income shares model: both parents' gross monthly incomes are combined, the total obligation is read from the Schedule of Basic Child Support Obligations, and each parent pays their proportional share, with childcare and health insurance costs added on the same basis. Guidelines updated January 15, 2024 raised support amounts roughly 25% and increased the combined income cap from $30,000 to $40,000 per month.

Can a custody order be changed later? Yes, generally on a showing of a substantial change in circumstances and that a modification serves the child's best interest.

What if my co-parent won't follow the custody order? You can file a motion for contempt with the Family Court. Courts can order makeup time and, in serious or repeated cases, hold a parent in contempt.

Practical considerations

Because South Carolina explicitly weighs a parent's own prior relocation as a custody factor, moving before a custody order is finalized carries different stakes than moving after, worth discussing directly with a South Carolina family law attorney before making any decisions. Whatever the order specifies, the operational part that follows it, keeping both households aligned on the same schedule, logging change requests instead of relying on memory, and keeping a record if an enforcement issue arises, is a separate, ongoing piece worth planning for.

Official South Carolina resources

• S.C. Code § 63-15-240 (Contents of Custody Order; Best Interests of the Child)
• South Carolina Child Support Guidelines

Related OnePage resources

• Custody schedule generator
• What is a parenting plan
• How to choose a custody schedule
• Moving to another state with shared custody

Related South Carolina pages

• South Carolina hub