Rock Hill Child Custody Lawyers
At the David W. Martin Law Group, our child custody attorneys in Rock Hill, South Carolina help guide parents through the difficult decisions necessary to pursue sole or shared custody of their children after parting ways with the other parent.
We also represent clients with special and unique circumstances where they fear their children are in harm’s way and require an emergency proceeding to intervene and ensure their well-being.
Both of these circumstances are deeply personal and can become emotionally charged quickly, which is why it is important to partner with an experienced family law attorney in York County who will provide straightforward legal advice that will allow you to make informed decisions about parenting plans, visitation, and custody.
What Types of Child Custody are Awarded in Rock Hill, South Carolina?
The York County Family Court will impress upon both parents — whether they were never in a relationship and have just established paternity, just ended their relationship, or are divorcing — that the best interest of the children is their priority.
We know that is true for you, too, and that you only want what is best for your kids. However, we also understand that the idea of splitting your children’s time between two households is less than ideal, but the courts will want both parents to be involved in their day-to-day lives unless it is not in their best interest.
That will require evaluating each parent’s strengths and weaknesses, so we can customize a child custody agreement that checks all the legal boxes while placing the kids first.
We will develop a strategic case to outline a complete custody agreement, including:
- Sole or joint custody based on the existing relationships between the parents and children, which will be evaluated for both legal and physical custody agreements
- Legal custody to determine who will make both the day-to-day and long-term decisions regarding their healthcare, education, and religious upbringing
- Physical custody determines who will be the primary custodian — or the parent with whom they live — and how they will determine a visitation arrangement and schedule with the other parent
When one parent is awarded sole physical custody, the children will primarily reside with the custodian. They must then establish a visitation schedule that includes assigned days, nights, and/or weekends they spend with the other parent.
Conversely, shared legal custody can be established when parents can communicate effectively regarding the needs of their children, which allows them to make important decisions together.
Our Rock Hill child custody attorneys can assist in negotiating a successful parenting schedule for shared custody agreements, leaving no detail to chance, so each parent understands their solo and combined responsibilities.
How is Child Custody Determined in Rock Hill, South Carolina?
Our child custody lawyers in Rock Hill explain to each of our clients that the evaluation process for these cases is unique to each parent and child relationship.
However, there are some common factors the court will review when weighing which parent gets custody, or why both parents will share equal time with their children.
They may include:
- The wishes of the parents as to custody
- The preferences of each child
- The strength of the child’s current and proposed homes
- The temperament and developmental needs of the child
- The parents’ capacity and the disposition to understand and meet the needs of the child
- The physical, emotional, and psychological health of both parents
- The past and current child-parent relationship and interaction
- The parent’s ability to encourage a healthy child-parent relationship with the other parent
- Any disputes, coercion, or manipulation the parents subject the children to
- Any effort by one parent to disparage the other parent in front of the child
- The child’s ability to adjust to his or her home, school, and community environments
- The child’s cultural and spiritual background
- Any history of abuse or neglect in either home
- Review of personal and professional obligations, including whether one parent frequently travels for work, has medical issues, or if the child has special needs
- Special circumstances where one parent has relocated more than one hundred miles
When parents proactively approach child custody agreements to share their time with their kids, the courts may allow the parents and their attorneys to design a parenting plan that fits both the parents’ and the children’s needs without their intervention.
When there is conflict — and one parent is unrelenting in their goal of sole custody — we will aggressively litigate their case before the court, so all facts that support our client’s wishes are fully reviewed and considered by the judge.
At the David W. Martin Law Group, our child custody lawyers in Rock Hill will fight for what is best for our clients and their children.
Can I Pursue Emergency Custody in Rock Hill, South Carolina if My Children are in Danger?
Emergency custody in Rock Hill, South Carolina is a complex area of family law that requires more than just speculation that your kids may be in danger while at their other parent’s house.
Many times, parents are unhappy with the way the other parent runs their household and embellishes details to make their case, which is dangerous in many ways because the court will see through the reasoning and may be less likely to hear your argument if something actually places your children in danger in the future.
If the other parent’s home, or other people therein, are a threat to your children’s safety and welfare in South Carolina, your children may be removed from the home though an emergency order. They cannot be removed from the home because you disagree with parenting styles.
The most common reasons for emergency child custody hearings may include, but are not limited to:
- Parental drug or excessive alcohol use
- Parental incapacity
- Inappropriate partner or visitors in the home
- Abusive behavior toward a child or domestic violence within the household
- Suicide attempt by the parent
- Criminal activity, arrests, or convictions
- Severe neglect of the child
- Sexual abuse of the child
Our experienced emergency child custody attorneys in Rock Hill will evaluate your concerns and explain your legal rights and the proper solution to intervene and protect your children, so we can help ensure their safety.
What Happens When the Other Parent is Not Following Our in Rock Hill, South Carolina Custody Agreement?
Parenting, whether separately or together, requires compromises and sacrifices.
Sometimes, it is impossible to get away from work to make a soccer game. Other times, vacations must be cut short for emergency reasons. Life is very unpredictable, and as parents, it is up to us to do the best we can each day.
It is not unusual for one parent to have a conflict on their assigned days with the children. This may even happen more often than you would like. However, it may not reach the threshold required to revisit the custody agreement in court.
If your children’s other parent is consistently violating — or outright ignoring — your child custody arrangement, contact our Rock Hill child custody attorney to revisit your arrangement with the courts to modify how, when, and your children reliably spend their time.
Contact Our Skilled Child Custody Attorneys in Rock Hill Today to Learn More About Your Parental Rights in South Carolina
If you have questions about how child custody will be awarded after your divorce or are concerned about the immediate welfare of your child, contact our skilled family law attorneys in Rock Hill at David W. Martin Law Group to discuss your unique legal representation needs by calling (803) 985-9200 today.