The parties can either reach an agreement or leave it up to the judge to determine custody and visitation. At the child custody hearing, the parents, attorneys, and judge will talk to decide if the proposed co-parenting arrangement supports the children’s best interests.
Before the proceeding, you and the other parent will work together to author a schedule and rule book for how you will co-parent going forward. Because the child custody hearing is a legal process, it may be best to consult with a family law attorney to help identify and protect your rights.
The team at Turner Family Law has passionate and knowledgeable advocates who guide individuals, children, and families through the divorce, separation, or parentage process in South Carolina. We respect the differences and uniqueness of each family. With this in mind, we collaborate with our clients to create workable and dynamic arrangements that support their children.
Understanding the Child Custody Process in South Carolina
The legal process of sorting out child custody is there to help parents create an arrangement that best supports their child’s health and well-being. The schedule the parents land on should also limit the potential for disagreements between them. In other words, it should strive to make the children the sole focus of the parenting plan in theory and practice.
Parents can divide up child custody in a couple of different ways in South Carolina. Sole custody is where the child lives with one parent, who has primary decision-making authority about the child’s upbringing. In practice, this may mean the parent can make decisions about the child’s education, what religion they practice, and their healthcare.
On the other hand, a joint arrangement is where the parents share in the legal and physical custody of the child. For example, the child may stay with each parent for a roughly equal amount of time throughout the year. Additionally, the parents may consult each other about important matters that concern the child, such as whether they should be involved in a religious institution or recreational sports.
Gathering Essential Documents for Your Custody Hearing
To decide whether to approve or deny a parenting plan, the court may look at whether the proposed agreement is in the children’s best interests. As part of this, the court will want to learn more about the child and what each parent brings to the child’s life. For example, the court may want to look at the child’s school records to see if there are behavior problems or if they are heavily involved in their current school system. If the parents’ plan would require the child to change educational settings, the court may look at the records and talk to the child to see if they think this would support the child.
The court may also ask for property records and pay stubs to see if each parent can financially and physically provide for the child during their stay with them. Other documents the judge may review include depositions, if applicable, and statements about a history of abuse or alcohol use by either parent.
Presenting a Parenting Plan to the Court
Before your parenting plan is enforceable, you need to present it to the court during a custody hearing so the judge can review it, ask questions about it, and either approve or reject it. When the judge asks you for information at the hearing, try to answer clearly and honestly. Some questions asked at a child custody hearing include those about your relationship with the other parent, your bond with your child, and your opinion of the proposed custody arrangement.
The judge may also ask you about your current job and career plans going forward to see if things may change as soon as the judge enters the order. In heavily contested custody hearings, the judge may also want to hear from child advocates, therapists, educators, and maybe even other family members. Once the court has all the evidence that it needs to make its decision, it will review the proposal and either make recommendations to modify the parenting plan or they’ll approve it.
Courtroom Etiquette: What To Wear and How To Behave
Going to court can feel intimidating, and knowing what to wear and how to act during the proceedings can help ease your nerves. Ideally, you should wear clean, presentable, and professional clothes. This might involve wearing a suit and tie, dark jeans and a button-up or blouse, or slacks or khakis with a nice shirt. If you have other questions about what to wear, you can talk to your custody attorney or call the clerk to get more information.
Before you enter the courthouse, you may want to center or ground yourself to prepare for the emotions that may arise during the custody proceeding. When you get to the courthouse, check-in and go to the designated courtroom. Once you find the right room, sit quietly during the courtroom proceedings until the staff calls your case and the judge asks to speak with you.
You may have to wait until other people are done before you can talk to the judge about your parenting plan. If that’s the case, you can sit in the chairs provided, then move to the front until the court personnel calls your case.
When talking to the judge, you want to refer to them as” judge,” “your honor,” or another formal title along these same lines. Be straightforward and polite when communicating with the judge, the other parent, and the attorneys involved. Try not to shout, name-call, interrupt people, or swear during the proceedings.
Working With Your Attorney To Build a Strong Case
The custody hearing is a critical part of your divorce, separation, or parentage proceeding. The decisions you make during this stage of the case could have lasting impacts on you, your children, and your family dynamic.
Because of this, working with a seasoned custody attorney who can help you build a practical and supportive parenting plan may be beneficial. Lawyers have training in negotiation skills and courtroom processes. They understand the law and can help you use the law to create something that works for your family.
Addressing the Child’s Best Interests in a Custody Hearing
All parenting plans must align with the children’s best interests. The court considers a variety of factors when deciding if something meets these criteria, including the following:
- The child’s age, maturity level, and developmental needs
- The child’s preference in terms of what parent they live with
- The presence or absence of abuse, violence, neglect, or unsafe behaviors in each home
- The ability of each parent to provide for the child’s physical and emotional needs
- How much the plan would disrupt the child’s current life — and the impact this might have on the child
The judge might also consider any other factors impacting the child’s well-being. For instance, living with one parent may require the child to change schools and move away from their friends. The court might consider the effect this might have on the child before approving a plan for the child to move in with this parent.
Contact the Child Custody Attorneys at Turner Family Law for Legal Help in South Carolina
Before going to a child custody hearing, you and the other parent must work together to develop a proposed co-parenting arrangement.
This document outlines the rules — such as drop-off locations and how you’ll communicate with each other — and residential or parenting time schedule.
The Turner Family Law team is here to support you. As a divorced dad himself, J. Michael Turner, Jr. is familiar with what this legal process looks and feels like. He leverages his experience and education in family law and his personal story to help people craft personalized custody plans. Connect with us today by calling 864-778-2734 to schedule a consultation to talk about how we can help.
