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Child
Custody
When
a Family Court is requested to award custody of the spouse's minor
children to one of the spouses, the Court must determine what
is in the "best interest" of the child or children concerned.
Every
case before the Court is unique, and the Court must have wide
discretion to allow for adequate consideration of each individual
set of circumstances.
Visitation
Visitation
with child(ren) in the custody of another is also determined by
the Court in its discretion based on the best interests of the
child(ren). The length and frequency of visitation with the child(ren)
varies with each situation's particular facts and circumstances.
Support
The separating
spouses may agree on the amount of support to be paid, but the
Court will not recognize and enforce any agreement between the
spouses for support that is irrevocable (cannot be changed). In
the Court's view, the support is for the child(ren)'s benefit,
not for either parent's benefit. The parents should not be able
to determine the support solely based on his or her own desires.
In determining
a fair support amount, the court must consider these factors:
- The needs of
the minor child(ren)
- Each parent's
income, earning capacity, and assets
- Each parent's
health, age and physical condition
- Each parent's
necessities and living expenses
Conveniently
located just off I-26
Robert
W. Polk
Attorney and Counselor at Law
11 Gamecock Ave., Suite 1101
Charleston, SC 29407
(803) 852-9000 • Fax: (803) 852-9001
E-Mail: robwpolk@aol.com
Copyright
© 1999 All Rights Reserved
Intelligent Media Ventures, Inc.
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