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Legal Information: South Carolina
Updated: December 8, 2020
How will a judge make a decision about custody?
The judge will make a custody decision based upon the best interests of the child, considering several factors:
- circumstances of the parents;
- nature of the case;
- best spiritual and other interests of the child;1
- religious faith of parents and child;2
- child’s preference for custody based upon child’s age, experience, maturity, judgment and ability to express preference;3
- any evidence of domestic violence as defined in section 16-25-20 of the law or in section 16-25-65 of the law, including physical or sexual abuse and which parent was the “primary aggressor.”4
The judge may not deny custody to a victim of domestic violence based only on the fact that the victim left the home or relocated.5
1 S.C. Code § 20-3-160
2 S.C. Code § 63-15-20
3 S.C. Code § 63-15-30
4 S.C. Code § 63-15-40(A)
5 S.C. Code § 63-15-40(B)
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