Custody

The judge will make a custody decision based upon the best interests of the child, considering several factors such as:

• the circumstances of the parents;
• the nature of the case;
• the best spiritual and other interests of the child;¹
• the religious faith of the parents and child;²
• the child’s preference for custody based upon the child’s age, experience, maturity, judgment and ability to express a preference;³ and
• 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 considering which parent was the “primary aggressor.”⁴

The judge cannot 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)