Ways to Change Child Custody
What happens when one parent wants to change custody after there is already an existing child custody order? I have received several inquiries on this topic recently, which is very common this time of year, since school resumes in a few weeks.
In these cases, the parent wanting the change has basically two options, depending on the circumstances of each particular case:
In these cases, the parent wanting the change has basically two options, depending on the circumstances of each particular case:
- If both parents agree that custody should be changed from parent A to parent B, the best solution is usually to pursue a child custody agreement. This process generally involves having an attorney draft a written agreement, which both parents then review. If it meets with everyone's approval, the parents then sign it, and a hearing is scheduled to ask the Court to approve the agreement. An Order is issued, which incorporates the agreement into it and most importantly, makes it enforcible if either parent attempts to violate its terms.
- If the parents do not agree, then the non-custodial parent will need to file an action asking the Family Court to change custody of the child. Typically, the parent seeking custody must prove that there has been a significant or substantial change of circumstances since the parties were last before the Court on this issue. Next, the Court must determine if the change of custody is in the best interest of the child. As I have discussed previously on this blog, the Court takes many factors into consideration as part of its analysis, including the child's preference.
My friend has once again lost her custody battle for her children in Aiken county. That alone is a major heartbreak and suspect. But the question I would like for you to answer is does the custodial parent have the right to schedule events such as soccer tournments in Aiken, when it is the noncustodial partents weekend visitation time? Do the children have to go, even when they have said they want to come home to their mothers home.
I have a question. My wife and I have been separated for several years and there is no official custody order , I do however pay her child support through the DSS court system. My question is that now she has a live in who is an alcholic and has been abusing the children which are 15 year old twins thus far just mental but they want out . Do I need to get a lawyer since there is no custody order because this is a huge expense but I have to get them out of that situation before something bad happens.
Thanks for any advice,
H.Buckles
If a mother in SC is not married to the father. But the father's name is on the birth certificate. The baby (4 mos old) is living with the mother and has since birth.
Does the mother sutomatically have primary custody?
Does the father have any legal rights at all without going to court? visitation, etc? Does the mother need to retain an attorney and get legal primary custody in writing? or just go thru DSS to get child support?
My ex had physical custody of my now 9yo son upon our divorce. They lived in Savannah GA. 2 years ago he came to stay with me in Bluffton SC for the summer and didn't want to return to his mothers home. She agreed he was better off with me and he has been enrolled in school in Bluffton SC since. His mother says we can just put an ad in the paper that I am the custodial parent and that I don't pay child support anymore. She says she doesn't have any money for an attorney and will not protest him staying with me until emancipation. How do we proceed?