In any custody determination, the Court looks at several factors to decide which parent should be awarded custody of the child. These factors can include:
1) whether one parent is unfit to serve as a custodian;
2) if one parent has served as the child’s primary caregiver;
3) if one parent has engaged in some sort of misconduct that would render him or her less suited to serve as a custodian;
4) if one parent is more suited to serve as custodian as a result of personal attributes or accomplishments, greate [Read more…]
Charleston Divorce Lawyers | Custody and Unmarried Parents
A dispute over custody of a child is one of the most stressful and grueling processes that Charleston divorce lawyers can help their clients face. While child custody disputes are often difficult enough between a divorcing couple, two individuals who are not married and have a child between them can add an extra layer of complexity to an already complex situation. [Read more…]
Charleston Divorce Attorneys | Guardians ad Litem and Custody Cases
As Charleston divorce attorneys, one common question that we get from our clients regarding the divorce process is:
What is a Guardian ad Litem?
A Guardian ad Litem (commonly referred to as a GAL) is a third party person in your case that investigates facts and circumstances pertaining to the best interests of the minor children. They are most often attorneys, but there is not a requirement that they be. The Guardian can be agreed upon by the parties; if the parties and their attorneys cannot agree upon a GAL the court will appoint one.
Must I have a Guardian ad Litem in my [Read more…]
Charleston Divorce Attorney | Custody and Military Deployment
A recent custody case in Michigan highlighted the perils that military parents may face when involved in a custody matter, particularly when on deployment. In that case, Matthew Hindes, active-duty Navy personnel who was deployed on a submarine in the Pacific Ocean, was threatened not just with the loss of his child, but also jail time and fines for failing to appear at a scheduled custody hearing. Ultimately, the local family court [Read more…]
Charleston Divorce Lawyer | Custody and a Child’s Preference
Custody disputes can be among the most difficult cases for a Charleston divorce lawyer to handle. The difficulty is often compounded by the family tensions that existed long before the client ever walked in the door, tensions that are often multiplied by either a lack of or misunderstanding of South Carolina custody laws. One frequently misunderstood custody law is that regarding a child’s stated preference to live with one parent or the other. Parents want to know — will this make a difference in my case?
The short answer, as it so often it is in Famil [Read more…]