South Carolina Divorce With Children — Custody and Child Support (2026)

When children are involved in a South Carolina divorce, the Family Court addresses legal custody, physical custody, visitation, and child support. All are incorporated into the Settlement Agreement or ordered by the court after a contested hearing.

Terminology: Legal and Physical Custody

Legal Custody

Authority to make major decisions about the child's upbringing — education, healthcare, religious training, extracurricular activities.

• Joint legal custody: Both parents share major decisions — most common in SC
• Sole legal custody: One parent has final authority — ordered when joint is impractical (domestic violence, inability to cooperate)

Physical Custody

Where the child primarily resides.

• Sole physical custody: Child lives primarily with one parent; other parent has visitation
• Joint physical custody: Child has substantial time with both parents
• Most SC families use a primary residence with a detailed visitation schedule

Best Interest Standard

South Carolina Family Courts determine custody based on the best interests of the child (S.C. Code § 63-15-240), weighing:

1. Temperament and development needs of the child
2. Each parent's capacity to understand and meet the needs of the child
3. Parenting arrangements before the separation
4. History of the child's care
5. Any history of domestic violence or abuse
6. Child's adjustment to home, school, and community
7. Sibling relationships
8. Preferences of the child (considered at a mature age — judge's discretion)
9. Each parent's ability to support the child's relationship with the other parent
10. Distance between parents' homes; school district impact

Parenting Plan

All South Carolina custody arrangements must be memorialized in a Parenting Plan — either agreed by the parties or ordered by the court.

Parenting Plan must address:

• Legal custody designation (joint or sole)
• Primary residence
• School-year visitation schedule (specific days, pickup/dropoff times and locations)
• Summer schedule
• Holiday schedule (specific holidays listed for each parent by year or alternating)
• School breaks and long weekends
• Vacation advance notice requirements
• Communication: child with non-primary parent (phone, video)
• Transportation: who drives exchanges, exchange location
• First right of refusal for childcare
• Relocation: advance notice requirements
• Decision-making procedures for joint legal custody

South Carolina Child Support Guidelines

South Carolina uses the Income Shares Model — both parents' incomes are factored into the calculation.

Key factors:

• Both parents' monthly gross income (wages, self-employment, investment income, etc.)
• Number of children
• Child care costs attributable to employment or job search
• Health insurance premiums paid for the child
• Extraordinary medical expenses
• Any prior child support obligations

Visitation adjustment: The guidelines include an adjustment for the number of overnights the non-custodial parent has with the child. More overnights generally means lower support obligation.

Online calculator: SC DSS provides a child support calculator at scdss.sc.gov.

Duration: Child support ends when the child turns 18 (or completes high school if still enrolled at 18 — check current statute).

Fault and Custody

Fault grounds (adultery, cruelty, drunkenness) used in the divorce do not automatically determine custody. However:

• Domestic violence is a significant factor in custody determinations
• Substance abuse affecting parenting ability is a factor
• An adulterous relationship may be considered if it directly affects the children's well-being

Last reviewed: March 2026 | Income shares model | sccourts.org/selfhelp | Child support ends at 18 | Family Court | Parenting Plan required

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.