Greenville Child Custody Lawyer

Greenville Custody Cases Handled in the Best Interests of Children

When you and your partner divorce, making a custody agreement that works for both of you can be tough. You may have distinct needs and wants, personal preferences, and your children’s needs in mind. With all these details to deal with, it’s easy to get frustrated and exhausted as your Greenville divorce case goes from an amicable split to an ugly situation in court.

Luckily, Sarah Henry Law has the tools you need to act in your children’s best interests and yours. We understand how tough it can be to deal with the stress of divorce proceedings, and we want to make your case easier for you.

Sarah Henry makes it easy to arrange a discussion with your Greenville child custody lawyer. Dealing with the end of a marriage and the beginning of a new arrangement can be tough and emotional, but we’re here to ease the strain. Don’t make a rash decision in the moment—speak with a lawyer who can help you take the right steps during this difficult time.

The most important part of the end of a relationship is the welfare of any children the two people have together. While you have rights as a parent, your focus will be on the rights and needs of your children, too. They have a right to a safe, stable, healthy home, and your custody case will be focused on providing that.

For example, you may be pursuing a sole custody agreement because you’re concerned about your child’s safety. In these cases, your Greenville child custody attorney will gather evidence supporting your case. They may seek evidence of abuse, for example, or even something as simple as proximity to the children’s school.

Below are just a few of the details your lawyer may provide the judge in court when you’re seeking custody:

Evidence of domestic violence from the other parent
Proof of who’s acted as primary caretaker
The child’s age, physical, educational, and mental health needs
Scheduling issues for care-taking needs, like conflicts between work and school schedules
Evidence that the other parent is interfering with your relationship with the child

Your child custody lawyer can use this information to help prove that giving you sole or joint custody with primary placement is key for your child’s well-being. For example, parents may work long hours that prevent them from being home with their children. Our clients can expect an argument for their custody rights that account for their needs and lives.

Types of Child Custody

When parents separate, their responsibilities to the children they share remain. Because of this, you need to know what types of custody are being discussed so you know what’s expected of you and what you and your Greenville custody lawyer are seeking.

Legal and physical custody of your children and the terms of that custody are separate matters. Because of this, you need to speak with your lawyer about your concerns before your trial. Understanding your options early can help you avoid disputes and set you up for success.

Legal vs. Physical Custody

In child custody matters, the importance of legal and physical custody is key. The difference can decide how often you see your children and your options for custody and care. These terms are separate matters, and you may need a lawyer’s advice on how to handle them. So what can you expect?

Legal custody refers to the rights you have as a parent to your child’s legal information and to make decisions for your children. For example, your child may not live with you, or may only live with you part of the time, but you may want to protect your right to see their school records or help make decisions about their healthcare. Legal custody grants you a say in your child’s life.

Physical custody is the actual custody of your child.

Joint vs. Sole Custody

Often, a custody agreement depends on whether both parents want custody of the child or children. Your Greenville lawyer can be key to mediating your custody agreement, or they can defend your right to custody in court if the other parent refuses to work with you. Joint custody allows both parents to have equal physical and legal rights and responsibility to make decisions for the children, including medical, educational, extracurricular activities, and religious training decisions. Practically this usually means that the parties would need to agree on all important issues related to the child. This is not an arrangement that will work for every parent. Joint custody with primary placement to one parent is very common in South Carolina. This arrangement allows the parents to split aspects of legal custody with one another but provides for an “ultimate” decider if the parties cannot agree on major decisions for the child, and for generous visitation for the non-placement parent. Your lawyer can help you come to an agreement about shared custody. Sole custody gives one parent full legal and physical custody. Sole custody is usually an option where there is abuse of the partner or the child, serious alienation issues, or other risk factors for the child. The other party would usually be awarded some sort of visitation with the children. If there are serious issues of abuse or neglect, supervised visitation or no visitation is something you should discuss with your attorney. A lawyer with experience can help you prepare your sole custody case.

How and When Do a Child’s Wishes Factor into a Custody Determination in Greenville?

But it’s not just about your wants and needs—it’s about your child’s, as well. Because of this, you need to consider your child’s wishes as you make a plan with your child custody lawyer. But when do these wishes factor into your agreement? Typically, the judge considers the child’s age and maturity as they deliberate on a decision. If the child prefers to live with one parent over the other and is old enough to make decisions on their own, the judge may put more weight on their wishes than a much younger child. Because of this, you and your lawyer must be ready and aware of your child’s wishes. Talk to your lawyer about how to factor in your children’s best wishes and your own wants or needs.

Factors Considered by South Carolina Courts in Child Custody Cases

Child custody cases can be complex. Divorce proceedings are a multi-step process, and ensuring you take the right steps for your child can be a strain. Your Greenville custody lawyer is key to ensuring you take the right steps for your specific case. Every child custody case is different, and you need the focus our attorney can provide.

Paternity

If there are any doubts about the paternity of your child, this question may come up in the proceedings. You may be asked to prove your own parenthood, or you may seek out a paternity test from the other parent.

Domestic Violence

If a home has had police calls about domestic disputes, arrests, or other signs of violence and abuse, it will reflect on your case. Your lawyer can take action to help you prove you weren’t involved in these situations.

Visitation Rights

As you seek custody, you may also need to consider who’s allowed to visit your child and when. You and your lawyer may also need to discuss visitation rights for other family members, like grandparents, or visitation rights for the parent who doesn’t have physical custody of the child.

Frequently Asked Questions About Child Custody Issues in Greenville

No two child custody agreements or cases are alike—even agreements for one of your children may differ from other children involved. Because of this, you may still have questions about your case and how to get the best agreement for you and your children.

Below are some of the more common questions our firm receives about child custody. You can check them out below, and then you can take your case-specific questions to our lawyer, who can provide the specific details and attention your case needs.

What Is a Guardian ad Litem’s Role in a South Carolina Child Custody Case?

In most cases that involve child custody or visitation, the court will appoint a guardian ad litem to represent the interests of the minor child/children. The guardian ad litem (GAL) is a lawyer or trained layperson who advocates for the rights of the child. The guardian ad litem’s role is to investigate any allegations in the case that affect the child/children including any abuse allegations, educational issues, medical issues, as well as both parties’ home situation, and report back their findings to the court. For example, they may conduct interviews or home visits to determine whether the child is safe and happy there.

Can a Greenville Child Custody Order Be Modified?

Sometimes, an initial child custody agreement doesn’t work as intended, or the situation has changed Your work hours may have changed, and there could be parental alienation issues, or abuse or neglect issues. Luckily, a child custody agreement doesn’t have to be a permanent decision. To seek change in a child custody order, you will need to establish a substantial change in circumstances that materially affect the children. This can often be a challenging hurdle to modifying your child custody order, and your lawyer will need to file pleadings alleging the change in circumstances, schedule a court hearing, and prepare evidence for changing the order. Your lawyer can help your modification request succeed.

Are Custodial Visitations Ever Supervised in South Carolina?

Parent-child relationships can be complex, and your custody agreement may reflect that. For example, the courts may rule that it’s in the child’s best interests to have visitation with the other parent, but because of the other parent’s abusive actions, unsupervised visits may not be possible. When dealing with visitation rights, it’s best to speak with your lawyer before agreeing to anything. Your lawyer can help you make the decision that’s best for you and your children.

Do South Carolina Courts Favor One Parent or the Other in Child Custody Cases?

In the past, South Carolina once favored mothers during custody hearings due to the Tender Years Doctrine. Today, no doctrine is in practice—the court will seek to choose the parent most fit to take up the care of the child. Your lawyer can help you prove you’re the best parent for the job.

Reach Out to Greenville’s Trusted Child Custody Lawyer for a Consultation Today

When seeking out an attorney for your child custody case, you may be disappointed that a lot of lawyers don’t seem concerned about advocating for you and your child. Other lawyers may not offer the guidance or personal touch you want when dealing with something as important as custody of your children.

That’s what makes Sarah Henry Law stand out. We know you’re facing a serious case, and we provide the experience and advocacy that other lawyers may not. We’re ready to defend your parental rights as you navigate the complex areas of divorce, child custody, and other family law issues.

When you’re ready to learn more, get in touch with a Greenville child custody lawyer. Sarah Henry’s office can be reached by calling 864-478-8324 or by filling out the online contact form below.

What Our Clients Say

Reviews From Google & Avvo

"Sarah was very helpful today even though my situation is impossible right now and I knew that but I told Sarah that I just pray for a good respectful and honest person and God lead me to you Sarah and before our conversation ended you still gave me hope that all is not lost 😞 and I thank you so much I will be in touch 😊"

"Sarah was very aggressive and efficient in fighting for us in court and out of court. Sarah knows her stuff and is very sympathetic to the process of child custody cases. I would recommend."

"I appreciated that in her compassion, she did not waste my time, always considerate of the financial impact of the process. Katie was efficient, responsive, and very helpful. I highly recommend Sarah Henry as an attorney for family issues."

"I cannot say enough good things about Sarah and her team (especially Katie!). She provided phenomenal advice through my divorce proceedings and was very supportive. Very professional and efficient."

"Sarah and her team are top-notch professionals. She listened and helped me to focus on what was truly important in my case. Sarah demonstrated the knowledge, empathy, and tenacity to get the positive result I needed to be secure moving forward. She has my highest recommendation!"

"I would like to send a special thank you to Sarah and everyone in her office for an amazing job in representing me in my divorce, she is very savvy in her work! not once did i have any doubt in her performance it was a peaceful and wonderful experience, if i must say, She is definitely the GOAT!"

"If you are looking for dedication, professionalism, knowledge and understanding, you will want the services of Sarah Henry Law. This Atty goes beyond the call of duty to make sure her clients are treated fairly and with dignity. Her staff is professional and considerate. They address issues in a timely manner without hesitation. My divorce was not an easy one, however, everyone made this experience a lot easier to deal with and understand my frustration in the process. Thank you!"

"Sarah and her team did an amazing job for me. Reliable, professional and fast. I really enjoyed working with all of them. Thank you for everything!!"

"Sarah is a tremendous advocate for her clients! Her professionalism and expertise are unparalleled in Greenville! I’m so happy I can recommend her to my friends for any family law cases! Highly recommend!"

"Sarah and her staff were amazing and made such a difficult time so much easier. I would absolutely recommend them!"

"I had another lawyer at first but I had some issues and I had to find a new lawyer Sarah Henry was recommended to me I was worried that she didn’t have enough time to prepare because we did not have long for the first hearing but she came in and she was very prepared she was Great through the whole case she was on top of everything she put in a lot of hard work for me I’ve had other lawyers in The past but after having Sarah if I have to go back to court with the ex-wife I won’t have to look around for a lawyer because I will be using Sarah again"

Sarah Henry Law is highly reviewed by our clients. The reviews posted by our clients consistently report that they view our firm and their experience as top rate. Our firm never pays for or compensates clients for their reviews. Our client reviews speak for themselves. We will fight to help you achieve your goals.