If you are separating or getting divorced in South Carolina, one of your biggest questions may be: How much time will I get with my children?

Many parents assume South Carolina courts have a standard custody arrangement—either 50/50 custody or the traditional schedule where the children live primarily with one parent and see the other parent every other weekend.

But South Carolina law does not automatically favor either arrangement.

Is 50/50 Custody the Rule in South Carolina?

No. South Carolina does not currently have a legal presumption that parents should receive equal parenting time.

Under S.C. Code § 63-15-230, a Family Court may award joint custody or sole custody. The court's overriding consideration is the best interests of the child.

When custody is disputed, the court must consider all custody options, including joint custody.

Does Joint Custody Mean Equal Time?

Not necessarily.

This is one of the most important things for parents to understand about South Carolina custody law.

Joint custody and 50/50 parenting time are not the same thing.

Joint custody generally concerns the parents' rights and responsibilities for important decisions involving their children. Parenting time determines when the children actually stay with each parent.

A court could therefore order joint custody without dividing the children's time equally.

Is Every-Other-Weekend Visitation the Standard?

You may have heard that the parent who does not have primary custody typically gets the children every other weekend, some holidays and several weeks during the summer.

That type of schedule is common—but South Carolina law does not require it.

There is no South Carolina Supreme Court rule making alternating weekends the preferred visitation schedule.

Instead, Family Court judges consider the circumstances of each family and determine what parenting arrangement is in the children's best interests.

What Does a Judge Consider?

South Carolina law identifies numerous factors a judge may consider, including the child's needs, each parent's relationship with the child, the stability of each home, each parent's ability to care for the child, and whether the parents encourage a healthy relationship between the child and the other parent.

That means two families appearing before the same judge could receive very different parenting schedules.

The Bottom Line

If you are facing a custody case in South Carolina, don't assume that 50/50 custody is automatic. But don't assume that one parent will get the children while the other is limited to every other weekend, either.

South Carolina does not have a one-size-fits-all custody schedule.

The question is not simply, “What schedule do South Carolina courts normally use?”

The more important question is:

What custody and parenting schedule is in the best interests of these children?

Guy Vitetta, Esq. Charleston SC

This article provides general information about South Carolina law and is not legal advice.