Family

How does a Judge decide which parent gets custody of a child?

When a Family Court Judge considers a custody case, he/she focuses mainly on the best interests of the child.  What this means is that the judge will grant custody to whichever parent will be able to give the child the best life.  The judge may consider the child's preference, although the judge should take the child's age and maturity into consideration.  This means, for example, that a mature 16 year old may be able to pick which parent she wants to live with whereas the opinion of an immature 7 year old might not matter very much.  The reason for this is that a child may pick one parent over the other for reasons that are not really good for the child.   

After considering many different factors, the judge will issue a custody order.  In South Carolina, custody orders are never considered final and they can be changed.  If the circumstances surrounding one or both of the parents have changed, the Family Court may re-hear the custody dispute and possibly give custody to the other parent.

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