Gandy v Gandy, issued by the SC Ct App on January 24, 2024, is a good illustration of where the law stands regarding contemporary custody matters in South Carolina.

Father appeals from an award of joint custody with the primary designation to Mom, permitting Mom to relocate to New Orleans,, and an award of rehabilitative alimony (I'm not addressing alimony in this writing.) 

Both parties claimed the other had impediments to their parenting that made them not fit to have primary custody.  The interesting thing about Family Law appeals is that they are De Novo so that the Court of Appeals will review the underlying facts in the record when reviewing an appeal.

In Gandy, the Court of Appeals found Mom was a better, more fit, parent simply by reciting facts she presented in support of her claim, and disposing of Father's claims to be the more fit parent by disputing his allegations, again based on the facts in the record.  As the trial court awarded Mom primary custody, it then permitted Mom to re-locate to New Orleans with the kids.

This was a close and well tried case in the Family Court. The Court of Appeals had a good record to work with.  The bottom line, in my opinion, is that in a close case, with two fit parents, the tiebreaker will always go to Mom when young kids are involved.  And this, I believe, is the status quo in contemporary South Carolina custody matters.

Guy Vitetta

Charleston