Child visitation agreements outline how non-custodial parents or other involved parties, such as grandparents, can spend time with a child following a divorce, separation, or custody dispute. In South Carolina, visitation is not something that’s primarily about parental rights. It’s actually fundamentally tied to the child’s well-being, as the courts assume that it’s typically in the child’s best interests to spend plenty of quality time with both parents (and often with grandparents, as well). The state’s family courts therefore prioritize arrangements that will support the child’s emotional, physical, and developmental needs. A Mount Pleasant, SC child custody attorney can help you understand what factors the courts are most likely to be concerned with in your case.
From a Mount Pleasant, SC Child Visitation Attorney: What Factors Influence Child Visitation Agreements?
The Child’s Best Interests
The first and most important factor is the best interests of the child. The court, by law, must consider the best interests of the child when issuing or modifying such orders. The “best interest” standard is supported by a non-exhaustive list of 17 factors in Section 63-15-240(B) that the courts will have to look at. These factors guide judges making decisions about a visitation schedule that will be (hopefully) practical, age-appropriate, and supportive of the child’s growth.
The 17 factors that the courts must consider are:
- The child’s developmental needs as well as temperament
- The ability of the parents to meet their child’s needs
- What the child prefers
- What the parents want
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The existing relationship between the child and both parents, as well as the child’s relationship with other family members, like grandparents or siblings
- Whether each parent is encouraging the child’s relationship with the other parent (if that’s appropriate and safe)
- Whether either parent is trying to manipulate the child to get them involved in the dispute inappropriately
- Whether either parent is speaking badly about the other parent in front of the child
- Whether the parents are actively involved in their child’s life
- The degree to which the child is already adjusted to a particular home life, community, or school environment
- The stability of the parents’ respective homes
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The mental and physical health of everyone involved
- The cultural and spiritual background of the child
- Whether there’s been any abuse or neglect
- Whether there’s been any domestic violence, not just against the child but against someone else in the home
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- Any other factors the court believes are important
South Carolina favors joint custody arrangements whenever that’s feasible, unless there’s evidence that this would be harmful to the child in some way. It’s also important to remember that the child’s preferences are never a final determiner in these cases. A lot depends on the child’s age and maturity and their reasons for preferring one parent to another, and the court will consider the child’s preference only as one of many factors.
Considerations With Each Factor
Temperament and Developmental Needs
The courts will assess the child’s personality, age, and stage of development. Infants, for example, may need more frequent but shorter visits to maintain bonding, while school-aged children will typically require a schedule that can work around their activities. A child with special needs, like autism, might need a visitation schedule that’s particularly designed to ensure consistency in their routine.
Ability of the Parents to Meet Needs
This concern looks at each parent’s ability to provide emotional support, discipline, and daily care. A parent with a history of neglect or instability is more likely to be given just limited visitation.
Wishes of the Parents
Parental desires are always considered, but they’re always subordinated to the child’s needs. Cooperative parents will typically find themselves able to secure more flexible visitation schedules than those who cause difficulties for the court and the other parent.
Existing Relationships
If a child has strong bonds with a parent, the courts will not want to do anything to disrupt this unless the parent is deemed dangerous in some way.
Encouraging a Relationship with Other Parent
Parents who put aside their own emotions and preferences to facilitate the child’s contact with the other parent are more likely to earn favor with the court. Alienation tactics will have the opposite effect.
Manipulation or Disparaging Behavior
If a parent is seen to be involving the child in the dispute or disparaging the other parent in front of the child, this will negatively impact that parent’s case. In a worst-case scenario, the court may only allow the parent to have limited and supervised visitation.
Ability to Be Actively Involved
Work schedules and availability do matter when you’re coming up with a visitation schedule, so a parent with flexible hours may get more weekday visitation.
Child’s Adjustment to Home, School, and Community
The court typically tries to avoid any major disruption to a child’s routine, so visitation schedules will usually be arranged in a way that minimizes any such disruptions.
Stability of Residence
Here the court’s going to consider whether one of the parents moves frequently, has strangers in and out of the home, or is unable to keep to a routine. The priority is having a stable home life for the child.
Mental and Physical Health
Health issues will only be important if they actually keep a parent from parenting well, and a disability by itself doens’t disqualify a parent from visitation.
Child’s Cultural and Spiritual Background
If the child’s been brought up in a particular religious or cultural background, then the court may arrange a schedule specifically to maintain this and the adjacent routines.
Abuse, Neglect, or Domestic Violence
Any of these issues can lead to the court denying visitation to a parent altogether or only allowing supervised and limits visitation.
Relocation of More Than 100 Miles
If a parent moves too far away, without a good safety reason for doing so, then the court may restrict their visitation for logistical reasons.
Other Factors
This catch-all clause basically allows the court to consider any and all unique elements that might influence a particular family’s dynamic.
Other Potential Factors
When a child visitation is contested, the courts frequently appoint a guardian ad litem, or GAL, to investigate the situation and make recommendations. The GAL works solely in the best interests of the child and will usually interview everyone, look at how the family interacts, and then share what they find with the court.
Courts also encourage mediation as a way for parents to work out agreements without going to trial. If the parents can come to an agreement during mediation, this can save everyone a lot of time, money, and anxiety. If mediation doesn’t work out, then things typically go to a full trial, and this takes a financial and emotional toll.
Courts are also likely to consider whether either parent has a history of substance abuse or criminal activity. How much these things matter will depend on how recent these issues are, exactly what the criminal activity was, and what steps the parent has taken to address them.
Contact an Experienced Family Law Attorney in South Carolina Today
There are other issues the court may consider, and to find out more about what might be important in your case, reach out to us at the Ballinger Law Firm in Mount Pleasant, SC today to set up a consultation on your case. We proudly serve Mt Pleasant & all throughout South Carolina. Visit our law office at:
Ballinger Law Firm – Mt Pleasant
858 W Lowcountry Blvd,
Mt Pleasant, SC 29464, United States
Phone: (843) 412 9507
