Visitation

My goal for clients is for them to be informed and educated in order to make the best possible decisions under the tumultuous circumstances of divorce.

The privilege of visiting with the children is within the broad discretion of the family court.  The visitation must be in the best interest of the child.  Visitation is normally included in the divorce decree and can be supervised visitation where it is found to be in the best interest of the child.

If the noncustodial parent is entitled to visitation, it is in the best interests of child for the parent to have regular, ongoing contact with the child or children.  Several studies have shown that if a parent fails to bond with the child at a young age that it is very difficult to establish a relationship, as the child gets older.  In most cases when noncustodial parent share a variety of activities with their children the children’s well being is enhanced.

Any parent who fails to comply with the terms of a Visitation Order may be held in contempt of court via a Rule to Show Cause.  S.C. Code Ann § 20-7-1350 (Supp.).  The Family Court may award visitation to a parent who has committed domestic violence only if the court finds that the safety of the child is protected.  SC Code Ann. § 20-7-1557 (Supp. 1997) allows a court to prohibit visitation by people who commit domestic violence.  Additionally, the statute allows specific restrictions on visitation to protect victims of physical violence including children.  Typically the court will appoint a Guardian Ad Litem to assist in determining visitation that is safe and promotes the parent’s relationship with the child.

South Carolina law allows grandparents to seek visitation upon a showing of best interest of the grandchildren.  S.C. Code Ann § 20-7-420(33) (Supp.).  Grandparents may seek court ordered visitation when either or both of the parents of the minor child are deceased or when the parents are divorced; or parents are living separate and apart in different homes.  South Carolina is “pro family” state and usually tries to encourage and keep the familial ties intact.

The family court can order sibling visitation when found in the best interest of the children.

Child Custody <- Back – Next -> Child Support