How to File for Child Custody in South Carolina
Make sure you're eligible to file for divorce in South Carolina., Draft your divorce complaint., File your divorce complaint., Have the other parent served., Wait for a response., Participate in mediation., Attend your divorce hearing.
Step-by-Step Guide
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Step 1: Make sure you're eligible to file for divorce in South Carolina.
Before you file for divorce, you must have been a resident of the state for three months or 90 days.If your spouse lives in another state, you must have been a resident of the state of South Carolina for at least one year. -
Step 2: Draft your divorce complaint.
You must draft a complaint to initiate a divorce action in the South Carolina courts.
South Carolina provides forms you can use if you and your spouse have been separated for over a year and have no disagreement regarding property division or child custody and visitation.
However, if all of these conditions don't apply, you're better served by hiring an attorney than by attempting to go it alone.Keep in mind that if you want to file a no-fault divorce, you and your spouse must have been separated for at least one year.During the year-long separation, you can ask the court for temporary custody orders.
These orders do not become permanent until you file for divorce.Along with the complaint itself, there are 18 forms included in the packet of paperwork you must file to get a divorce.Once you've completed the forms, you must go see a notary public before you sign them.
Some of the forms such as your financial declaration form must be signed in the presence of a notary public.Once you've completed and signed all the paperwork, you'll need to make at least two copies – one copy for your own records and one copy for your spouse.
The clerk will keep the originals for the court record.Your divorce complaint must include your proposed parenting plan, which reflects your preferences for allocating time the child will spend with each parent, and who will have responsibility for making major decisions in the child's life such as education, medical, and religious decisions., Once you've completed your complaint, you must take it to the clerk of court and have it filed.
Generally, you must file your complaint either in the county where you and your spouse last lived together, or in the county where your spouse lives.When you file your complaint, you'll have to pay the $150 filing fee to initiate the divorce proceedings.
If you can't afford the fees, you can request a waiver from the courts., The other parent must have adequate notice of your divorce action.
You can serve your spouse using certified mail, personal service using either a sheriff or a private process serving company, or using a commercial delivery service such as FedEx or UPS., The other parent has 35 days to respond from the date your complaint was served.After the response is filed, the clerk of court will send you a notice of hearing that lets you know when the hearing has been scheduled.
When you receive it, you must send a copy to your spouse or your spouse's attorney at least 10 days before the date of the hearing.Depending on the age of the child and the contentiousness of the issues between you and your spouse, the judge may appoint an attorney called a guardian ad litem who represents your child in court.
This person will interview your child, spend time with him or her, and produce a report with a detailed analysis of the best interests of the child for the court to use., If the other parent contests your proposed custody arrangement, the court may require you to attempt mediation before your divorce is heard in court.Even if not required by the court, it can be in the best interests of all involved to attempt to resolve any disputes amicably and come to an agreement on your own rather than putting everyone through a potentially lengthy and stressful custody hearing.The court also may order you and the other parent to attend a parenting course that deals with issues children face when their parents are divorcing., If you can't come to an agreement in mediation, you should prepare to attend the final hearing for the judge to decide.
The judge will not grant a divorce without making a specific finding that reconciliation is not possible.At the hearing, you can present your proposed custody plan to the judge.
The judge will give your spouse an opportunity to present an alternative custody plan as well.
Then the judge will make the decision she believes is in the best interests of the child.In considering the best interests of the child, the judge evaluates factors such as the preference of the child, the child's temperament and developmental needs, the child's relationship with each parent, the child's adjustment to home, school, and community environments, mental and physical health, culture, and spiritual background.Judges also will consider the age and health of both you and your spouse as parents, your income and education, employment, work schedule, and parenting style.Keep in mind that unlike many other states, South Carolina does not necessarily consider joint custody to automatically be in the child's best interests.
This is to your advantage if you are filing for sole custody, since most states prefer joint custody and require you to prove the other parent is unfit if you are seeking sole custody. -
Step 3: File your divorce complaint.
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Step 4: Have the other parent served.
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Step 5: Wait for a response.
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Step 6: Participate in mediation.
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Step 7: Attend your divorce hearing.
Detailed Guide
Before you file for divorce, you must have been a resident of the state for three months or 90 days.If your spouse lives in another state, you must have been a resident of the state of South Carolina for at least one year.
You must draft a complaint to initiate a divorce action in the South Carolina courts.
South Carolina provides forms you can use if you and your spouse have been separated for over a year and have no disagreement regarding property division or child custody and visitation.
However, if all of these conditions don't apply, you're better served by hiring an attorney than by attempting to go it alone.Keep in mind that if you want to file a no-fault divorce, you and your spouse must have been separated for at least one year.During the year-long separation, you can ask the court for temporary custody orders.
These orders do not become permanent until you file for divorce.Along with the complaint itself, there are 18 forms included in the packet of paperwork you must file to get a divorce.Once you've completed the forms, you must go see a notary public before you sign them.
Some of the forms such as your financial declaration form must be signed in the presence of a notary public.Once you've completed and signed all the paperwork, you'll need to make at least two copies – one copy for your own records and one copy for your spouse.
The clerk will keep the originals for the court record.Your divorce complaint must include your proposed parenting plan, which reflects your preferences for allocating time the child will spend with each parent, and who will have responsibility for making major decisions in the child's life such as education, medical, and religious decisions., Once you've completed your complaint, you must take it to the clerk of court and have it filed.
Generally, you must file your complaint either in the county where you and your spouse last lived together, or in the county where your spouse lives.When you file your complaint, you'll have to pay the $150 filing fee to initiate the divorce proceedings.
If you can't afford the fees, you can request a waiver from the courts., The other parent must have adequate notice of your divorce action.
You can serve your spouse using certified mail, personal service using either a sheriff or a private process serving company, or using a commercial delivery service such as FedEx or UPS., The other parent has 35 days to respond from the date your complaint was served.After the response is filed, the clerk of court will send you a notice of hearing that lets you know when the hearing has been scheduled.
When you receive it, you must send a copy to your spouse or your spouse's attorney at least 10 days before the date of the hearing.Depending on the age of the child and the contentiousness of the issues between you and your spouse, the judge may appoint an attorney called a guardian ad litem who represents your child in court.
This person will interview your child, spend time with him or her, and produce a report with a detailed analysis of the best interests of the child for the court to use., If the other parent contests your proposed custody arrangement, the court may require you to attempt mediation before your divorce is heard in court.Even if not required by the court, it can be in the best interests of all involved to attempt to resolve any disputes amicably and come to an agreement on your own rather than putting everyone through a potentially lengthy and stressful custody hearing.The court also may order you and the other parent to attend a parenting course that deals with issues children face when their parents are divorcing., If you can't come to an agreement in mediation, you should prepare to attend the final hearing for the judge to decide.
The judge will not grant a divorce without making a specific finding that reconciliation is not possible.At the hearing, you can present your proposed custody plan to the judge.
The judge will give your spouse an opportunity to present an alternative custody plan as well.
Then the judge will make the decision she believes is in the best interests of the child.In considering the best interests of the child, the judge evaluates factors such as the preference of the child, the child's temperament and developmental needs, the child's relationship with each parent, the child's adjustment to home, school, and community environments, mental and physical health, culture, and spiritual background.Judges also will consider the age and health of both you and your spouse as parents, your income and education, employment, work schedule, and parenting style.Keep in mind that unlike many other states, South Carolina does not necessarily consider joint custody to automatically be in the child's best interests.
This is to your advantage if you are filing for sole custody, since most states prefer joint custody and require you to prove the other parent is unfit if you are seeking sole custody.
About the Author
Nancy Jimenez
Writer and educator with a focus on practical organization knowledge.
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