South Carolina uses Legal custody and physical custody; parenting time / visitation schedules implement physical custody.. Courts apply best-interests factors under § 63-15-240, including the child’s relationship with each parent, parental capacity, and any history of domestic violence. Joint custody may be awarded when in the child’s best interests; South Carolina encourages continuing contact with both parents when safe. That is what separates South Carolina child custody and parenting time from a generic national summary. Read S.C. Code Ann. §§ 63-15-10 to 63-15-270 before the background sections below. Relocation: A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow Family Court orders. Modification: A substantial change of circumstances is required to modify custody.
Legal custody, physical custody, and parenting time
Legal custody and physical custody; parenting time / visitation schedules implement physical custody.
Joint custody may be awarded when in the child’s best interests; South Carolina encourages continuing contact with both parents when safe.
Relocation with a child
A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow Family Court orders.
Modifying a South Carolina custody order
A substantial change of circumstances is required to modify custody.
A concrete South Carolina scenario
Here is one way the South Carolina pieces fit together. Change any fact and the statute may point somewhere else.
Two parents in South Carolina disagree about where the child lives during the school week, and one wants to move.
- Use the labels South Carolina actually uses: Legal custody and physical custody; parenting time / visitation schedules implement physical custody..
- Apply the best-interests factors: Courts apply best-interests factors under § 63-15-240, including the child’s relationship with each parent, parental capacity, and any history of domestic violence.
- Check any parenting presumption: Joint custody may be awarded when in the child’s best interests; South Carolina encourages continuing contact with both parents when safe.
- If a move is proposed: A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow Family Court orders. Later changes follow: A substantial change of circumstances is required to modify custody.
Custody is addressed in divorce or a custody action in Family Court. Mediation is often required. Final decrees allocate legal and physical custody and a parenting schedule.
How custody cases typically move in South Carolina
Custody is addressed in divorce or a custody action in Family Court. Mediation is often required. Final decrees allocate legal and physical custody and a parenting schedule.
Related South Carolina guides
- How to file for divorce in South Carolina
- Security deposit return in South Carolina
- DUI penalties in South Carolina
Case law: custody and parenting time in South Carolina
Arline Sloan COOK and J. Glenn Cook, Jr., Respondents, v. Roger L. COBB and Elizabeth Grier Cobb (A Minor Under the
…spute between the paternal grandparents and the mother over custody of an eight-year-old child. The Family Court awarded custody to the grandparents, from which order the mother has appealed. We affirm. This action was instituted by Arline Sloan Cook, the paternal grandmother, and J. Glenn Cook, Jr., the paternal step-grandfather, referred to collectively as the grandparents, f…
Arline Sloan COOK and J. Glenn Cook, Jr., Respondents, v. Roger L. COBB and Elizabeth Grier Cobb (A Minor Under the is worth reading on South Carolina child custody because the court put the point in its own words: "The Family Court awarded custody to the grandparents, from which order the mother has appealed. We affirm. This action was instituted by Arline Sloan Cook, the paternal grandmother, and J. Glenn Cook, Jr." Use that passage as the starting point, then read the facts that precede it.
Charlotte LATIMER, Stuart Latimer, and Michelle Farmer, Appellants, v. Daniel FARMER, Respondent
Justice BURNETT: This is a custody dispute arising out of the custodial parent’s relocation. Appellant Michelle Latimer Farmer (Mother) appeals the family court order concluding Respondent Daniel W. Farmer (Father) should be allowed to relocate with their adopted child (Child). Appellants Charlotte and Stuart Latimer (Grandparents) appeal the fa…
South Carolina opinions such as Charlotte LATIMER, Stuart Latimer, and Michelle Farmer, Appellants, v. Daniel FARMER, Respondent are cited where child custody is disputed. The court stated: "Justice BURNETT: This is a custody dispute arising out of the custodial parent’s relocation. Appellant Michelle Latimer Farmer (Mother) appeals the family court order concluding Respondent Daniel W. Farmer (Father) should be allowed to relocate with their adopted child (Child)." That is the language to brief; the rest of the decision supplies the procedural posture.
Charles D. SKINNER, Jr., Respondent, v. Mr. and Mrs. James KING, and Pamela K. Skinner, Appellants
…s appeal is from the order of the family court transferring custody of a minor child from appellants Rev. and Mrs. James King, the maternal grandparents, to respondent Charles D. Skinner, Jr., the father. We reverse.. Charles D. Skinner, Jr. and Pamela K. Skinner were married on January 25, 1973. To this union was born one daughter, Stephanie Dawn, on August 18, 1973. Mr. and M…
South Carolina opinions such as Charles D. SKINNER, Jr., Respondent, v. Mr. and Mrs. James KING, and Pamela K. Skinner, Appellants are cited where child custody is disputed. The court stated: "Rev. and Mrs. James King, the maternal grandparents, to respondent Charles D. Skinner, Jr., the father. We reverse.. Charles D. Skinner, Jr. and Pamela K. Skinner were married on January 25, 1973. To this union was born one daughter, Stephanie Dawn, on August 18, 1973. Mr." That is the language to brief; the rest of the decision supplies the procedural posture.
CHARLESTON COUNTY DEPARTMENT OF SOCIAL SERVICES and John Roe and Mary Roe, Intervenors, Petitioners, v. Pamela KING
…in jail and DSS took the children into emergency protective custody. At the time of removal, Casey was nine, Ashley was five, and Cody was two years old. A treatment plan was presented to the family court in January 2000 and finalized as of July 2000. The plan directed King to undergo a psychological evaluation, complete parenting classes, complete various forms of counseling,…
CHARLESTON COUNTY DEPARTMENT OF SOCIAL SERVICES and John Roe and Mary Roe, Intervenors, Petitioners, v. Pamela KING is worth reading on South Carolina child custody because the court put the point in its own words: "DSS took the children into emergency protective custody. At the time of removal, Casey was nine, Ashley was five, and Cody was two years old. A treatment plan was presented to the family court in January 2000 and finalized as of July 2000." Use that passage as the starting point, then read the facts that precede it.
Virginia McCOMB, Respondent, v. Ryan CONARD, Appellant
Virginia McCOMB, Respondent, v. Ryan CONARD, Appellant, 394 S.C. 416 (2011)
…nard (Father) appeals the family court’s decision regarding custody, a restraining order, and attorney’s fees in this relocation case. We affirm. FACTS Father and Virginia McComb (Mother) met in 2001, when both were living in Columbia. At the time, Mother was nineteen years old and a student a Midlands Technical College. Father was about the same age and a student at the Univer…
Virginia McCOMB, Respondent, v. Ryan CONARD, Appellant is worth reading on South Carolina child custody because the court put the point in its own words: "Father) appeals the family court’s decision regarding custody, a restraining order, and attorney’s fees in this relocation case. We affirm. FACTS Father and Virginia McComb (Mother) met in 2001, when both were living in Columbia." Use that passage as the starting point, then read the facts that precede it.
Charles Edward DAVIS, Petitioner, v. Mary Lu DAVIS, Respondent
Charles Edward DAVIS, Petitioner, v. Mary Lu DAVIS, Respondent, 356 S.C. 132 (2003)
…(“Father”) appeals the decision of the court below awarding custody of Child to Mary Lu Davis (“Mother”). Davis v. Davis, Op. No.2001-UP-360 (Ct.App. filed July 12, 2001). We reverse. FACTS Father and Mother were married in December 1992. Child was bom in March 1995. During the first 26 months of *134Child’s life, Father and Mother mutually agreed Mother would remain home as Ch…
On child custody, Charles Edward DAVIS, Petitioner, v. Mary Lu DAVIS, Respondent speaks to the South Carolina dispute in this passage: "Father”) appeals the decision of the court below awarding custody of Child to Mary Lu Davis (“Mother”). Davis v. Davis, Op. No.2001-UP-360 (Ct.App. filed July 12, 2001). We reverse. FACTS Father and Mother were married in December 1992. Child was bom in March 1995." The surrounding opinion shows how the court applied that language to the record.
Joyce R. POWELL, Respondent v. Perry Donald POWELL, Appellant
Joyce R. POWELL, Respondent v. Perry Donald POWELL, Appellant, 256 S.C. 111 (1971)
…ground of adultery. By the terms of the divorce decree the custody of the minor daughters of the marriage was fixed; the custody of Cynthia Powell, age 5, was awarded to the paternal grandparents, and the custody of Angela Powell, age 4, was awarded to the appellant. The record shows that by a written agreement dated June 15, 1965, the appellant and respondent gave full custod…
On child custody, Joyce R. POWELL, Respondent v. Perry Donald POWELL, Appellant speaks to the South Carolina dispute in this passage: "By the terms of the divorce decree the custody of the minor daughters of the marriage was fixed; the custody of Cynthia Powell, age 5, was awarded to the paternal grandparents, and the custody of Angela Powell, age 4, was awarded to the appellant." The surrounding opinion shows how the court applied that language to the record.
Key takeaways
- Best-interests standard: Courts apply best-interests factors under § 63-15-240, including the child’s relationship with each parent, parental capacity, and any history of domestic violence.
- Labels used in South Carolina: Legal custody and physical custody; parenting time / visitation schedules implement physical custody..
- Parenting-time posture: Joint custody may be awarded when in the child’s best interests; South Carolina encourages continuing contact with both parents when safe.
- Relocation: A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow Family Court orders.
- Modification: A substantial change of circumstances is required to modify custody.
- Primary authority: S.C. Code Ann. §§ 63-15-10 to 63-15-270.
Best-interests factors in South Carolina
Courts apply best-interests factors under § 63-15-240, including the child’s relationship with each parent, parental capacity, and any history of domestic violence.
Frequently asked questions
What does South Carolina call “custody”?
Legal custody and physical custody; parenting time / visitation schedules implement physical custody.
Can I move out of state with my child?
A parent seeking to relocate with the child generally must show the move is in the child’s best interests; notice and modification practice follow Family Court orders.
How do I change an existing custody order in South Carolina?
A substantial change of circumstances is required to modify custody.
This guide covers South Carolina custody law as of 2026. Verify the live statute and any local parenting-time guidelines before relying on this summary.