South Carolina Divorce

SC Divorces and Custody Battles

Custody of Children is Important in Lexington Divorces

Many marriages end in divorce, which means that, in most cases, children will get caught up. Whether children are very young or grown up, they can still feel emotional pain during their parents’ divorce. While adult children do not need legal consideration in a divorce proceeding, the child custody  of minor children is important in a divorce.

If one spouse feels wronged by the other, custody discussions can quickly turn into the eponymous “custody battle.” One parent may feel they have been the main caregiver for the children and are therefore more responsible, or one parent may argue that the other is abusive. If you find yourself in a custody battle during a divorce process, rigorous legal representation will be very important to you.

Custody and Financial Care of Children after a South Carolina Divorce

In some family court filings, a South Carolina divorce court will take a child’s parental preference into consideration during custody discussions. This determination will be based on the child’s age, experience, maturity, judgment, and ability to express preference, so it is rare for very young children to face this question. The court will also consider evidence of domestic violence, the nature of the divorce and both parents, as well as religious faith. If your spouse vindictively argues that you are an abuser or neglectful, your legal rights to see your children could be under threat.

You may also face alimony charges or child support. Child support can often depend on income variation or the distribution of property in the divorce. Alimony is a specific payment for “spousal support,” and child support is financial support for children after a divorce. Child support is often awarded to the parent with less income or more custody of the children.

My Former Spouse is Fighting Me For Custody of Our Children

If you face a “custody battle” with your former spouse regarding the custody of your children after a divorce, and you fear that your rights to see and care for them are being undermined, you may feel lost or alone. The South Carolina divorce attorneys at the Strom Law Firm can help. We offer confidential case evaluations to discuss the reasons for your divorce and custody of children. Contact us today to schedule your consultation. 803.252.4800

2 replies on “SC Divorces and Custody Battles”

[…] The court will attempt to divide property to either party in a divorce as equitably as possible, but that does not mean that all your personal property is up for grabs. Additionally, if there was fault in the divorce – such as adultery, abandonment, physical abuse, or drug or alcohol abuse – then the spouse seen as the victim may receive more property or financial compensation. These issues also impact any custody battle. […]

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