Child Custody

Child Custody Lawyers

in Greenville, South Carolina

Custody is often one of the most contentious issues regarding family court litigation. For many, custody is often the most essential aspect of their case. In contested cases, including when visitation is contested, the court usually appoints a Guardian ad Litem. At Hayes Law Firm Upstate Attorneys, LLC in Greenville, South Carolina, we know that it is imperative to have competent representation while navigating this complex issue, whether the initial action involves custody or a modification action. Please do not hesitate to contact us for a consultation involving your custody or visitation matter.

If you are getting divorced and have children, one of the most challenging questions you'll have to ask yourself is how you'll handle child custody decisions and how you'll design your parenting plan. For divorcing couples with children, child custody is likely to be the most emotionally charged question you'll have to face. Linda C. Hayes, an experienced child custody lawyer in Greenville, South Carolina, understands families' unique challenges in negotiating divorce and parenting plans.


Every family's needs are individual and will evolve if your children are young. The kind of time and attention a younger child will need will be different from the amount of time and watch an older child will want or need. Putting a parenting plan and child custody plan in place that will evolve with your changing needs is crucial. Linda understands how sensitive child custody questions can be. We offer compassionate and caring counsel that places your child's best interests first.

Child Custody in South Carolina

Under South Carolina law, there is a newer trend of awarding both parents joint custody of the children. This means both parents have the right to make or at least be given input into major decisions affecting their children. Generally, these decisions involve schooling, religion, medical care, after-school activities, and other major life decisions. Joint custody consists of two aspects: the actual legal decision-making and the physical placement, where generally, one parent has physical custody of the child. In contrast, the other parent has visitation rights. The courts typically favor arrangements where the children can see both parents regularly while maintaining some stability for the child in a primary household. More parents are also choosing to split physical custody.

While this can sometimes prove logistically challenging, it can be incredibly beneficial for the child's well-being. Every family's situation will be different. Sometimes, a child will reside with one parent and visit the other on the weekends. In other cases, the child will split their time with both parents. Only rarely do the courts limit the child from visiting both parents. Usually, these limitations only occur in cases where the child may be in physical danger, and even then, supervised visitation is generally permitted.

When you are filing for divorce with children, the courts will look to see that you and your former spouse have a parenting plan in place. This plan will outline who has physical custody and when, how difficult decisions will be made, and how disputes will be resolved. In general, it is often in your children's best interests and your best interests to avoid a lengthy custody battle with the courts. Should you take your case to court, you risk the judge making a decision neither party wants. This decision could be binding. Most families strive to resolve their disputes and differences outside of court with the help of a Greenville, South Carolina, child custody lawyer like Linda C. Hayes. Our firm can review your concerns, help mediate your situation, and fight to protect the rights and interests of your child. It is essential to be honest about your case, your child's needs, and what is realistic given everyone's desires. Linda C. Hayes is a child custody attorney who can help you ask these tough questions.

What Should Be In My Child Custody Parenting Plan?

Generally, the parents know best about their children's needs. A Parenting Plan can be found under this website's "Forms" section. However, during a divorce, the state may have a say in decisions and where the children will reside. To avoid this, many parents draw up detailed parenting plans that outline their desires for their children after divorce. A good parenting plan will be specific but also flexible. Here are some things to consider for your parenting plan:

How will major decisions be made? While most parents let each parent set their own rules in their home, having some common standards can be helpful. For instance, if it is essential to one parent that the children be in bed by a particular time or that they go to church on Sunday, it may be necessary to include this in the parenting plan. However, from time to time, major decisions must be made. Your child's medical or educational needs may change. How will these significant decisions be made? Will one parent be in charge of one domain? For instance, mom takes care of school, and dad makes medical decisions. Or will both parents have to agree before conclusions can be made? What happens if they cannot agree?

Plan a visitation and custody schedule. The more detailed, the better, but the plan should also have provisions for changes, should any need to be made (especially if your child is younger). How will holidays be divided? How will weekends be divided? Who will care for the children during the week? What happens on school breaks? Many people are familiar with "Judge Brown's Standard Visitation," which has a reasonably extensive schedule covering the majority, but this does not work for all cases. Nevertheless, it may be a good starting point.

Plan for disagreement. A strong parenting plan considers that differences may arise—and it accounts for them. When conflicts arise, how are they resolved? For instance, will you use a mediator when making significant decisions in disagreement?

Plan for change. Your schedule may change as your child grows and your life changes. Stipulate how changes to the parenting plan regarding scheduling are to be made. Some changes cannot be anticipated, and the Courts allow you to request a modification when substantial changes negatively affect the child or when significant differences make the current arrangement impossible.

How will your child be transported to and from visitations/parenting time? Who will do the driving? Will the child be picked up from a neutral place, like school? If parents live far apart, how will travel arrangements be made and paid for?

Even though your marriage may be ending, you'll still need to co-parent your child. Plan acceptable and unacceptable methods of communication with your ex and your child while they are with your ex. Are phone calls appropriate? Text messages?

The Hayes Law Firm Upstate Attorneys, LLC are child custody lawyers in Greenville, South Carolina, who understand how intricate parenting plans can be. The more precise and detailed your parenting plan, the more likely it will be for the courts to approve it. Additionally, a detailed parenting plan protects both you and your family in the future. If you are going through a divorce or have child custody questions, contact Linda C. Hayes at Hayes Law Firm Upstate Attorneys, LLC today by calling 864-233-3100.

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