When you separate from your spouse or when you get a divorce there are lots of different reasons why couples agree to certain custody arrangements for their minor children. If you did not pursue custody in your divorce or you believe it is time for a change of custody of your minor children here are some things that you will need to be able to prove according to South Carolina child custody law.
In order to change or modify a child custody order in South Carolina you must show that the circumstances surrounding the original child custody order have substantially changed after the original child custody order and that those changes substantially affect the welfare and interests of the children in question (Moss v. Moss, 274 S.C. 120 (1980)).
Of course, in any case where there is a question regarding the children, the absolute most important consideration the court must make is determining what is in the “best interest of the children.”
Generally, there is no black or white answer when it comes to child custody and changes of child custody in South Carolina. The court will most likely look at the entire set of circumstances surrounding your children to determine what they feel is in the best interest of the children. Also, it is usually based on many factors, not just one – but that isn’t to say that the court could not use just one factor to make the decision to modify a previous child custody order.