South Carolina Divorce with Children: Custody, Support, and Parenting Plans

Having minor children changes nearly every aspect of divorce in South Carolina. You can't use the simplified Rule 28 no-hearing track. Mediation becomes mandatory if any custody or support issue is contested. The court gains independent authority to modify your agreements. And both parents must complete a court-approved parent education course before the case can be finalized.

Here's what's different when children are involved.

Custody Types in South Carolina

South Carolina courts distinguish between two forms of custody:

Legal custody — the right to make major decisions about the child's life: education, healthcare, religious upbringing, and extracurricular activities. This can be joint (both parents share decision-making) or sole (one parent decides).

Physical custody — where the child lives day-to-day. The parent with primary physical custody has the child most of the time. The other parent typically has a visitation schedule.

Courts determine custody based on the "best interests of the child" standard, weighing factors including:

• Each parent's fitness and parenting capacity
• The child's existing relationships and adjustment to home, school, and community
• Each parent's willingness to foster the child's relationship with the other parent
• The child's preference (if old enough and mature enough to express one)
• Any history of domestic violence, substance abuse, or child abuse
• Geographic proximity of the parents

The Parenting Plan

Every divorce involving children requires a Parenting Plan (SCCA 466). This document covers:

• Regular custody schedule — which parent has the child on which days
• Holiday and vacation schedule — how major holidays, school breaks, and summer vacation are divided
• Decision-making authority — who decides what about education, healthcare, religious activities
• Communication rules — how the parents communicate about the child and how each parent communicates with the child during the other's custody time
• Transportation arrangements — who drives for exchanges and where they happen
• Dispute resolution — how future disagreements about the plan will be handled

If both parents agree on the plan, they sign it and present it to the judge at the final hearing. The judge reviews it for fairness and the child's best interests. If the parents can't agree, the court orders mediation first, then decides at trial.

Child Support Calculations

South Carolina uses statutory child support guidelines based on the Income Shares Model. The calculation considers:

• Both parents' gross monthly income
• The number of children
• Health insurance costs for the children
• Childcare expenses
• The custody arrangement (overnight counts affect the calculation)

Both parents must complete the Financial Declaration (SCCA 430) with accurate income information. The court plugs these numbers into the guidelines and produces a presumptive support amount. Judges can deviate from the guidelines only for documented reasons.

Mandatory Parent Education

Both parents must complete a court-approved parent education course before the divorce can be finalized. These courses cover the impact of divorce on children, co-parenting communication, and strategies for reducing conflict.

Courses are available online and in person through private, court-approved providers. The cost is typically $30-$80 per parent, paid directly to the provider. This fee is generally not waivable through the court's indigency process.

You'll receive a certificate of completion to file with the court. Don't wait until the last minute — some online courses have processing delays, and the judge won't sign the final decree without both certificates on file.

No Rule 28 for Cases with Children

The Rule 28 no-hearing track — where a judge reviews affidavits in chambers and signs the decree without a courtroom appearance — is not available when children are involved. Any case involving custody, support, or parenting time requires a live final hearing.

At the hearing, the judge verifies that the parenting plan is in the children's best interests, reviews the child support calculation, and ensures both parents completed their parent education course.

When Child-Related Disputes Turn Contested

If you and your spouse disagree on any child-related issue — custody, parenting time, support amount, decision-making authority — the case enters the contested track. This triggers:

• Mandatory mediation under SCADR Rule 3
• Possible Guardian ad Litem (GAL) appointment — an attorney the court appoints to represent the children's interests independently
• Home studies — a court-ordered evaluation of each parent's living situation
• Extended timeline — contested custody cases routinely take 12-24 months

The adversarial nature and emotional stakes of contested custody disputes make them unsuitable for self-representation. If custody is contested, consult an attorney.

The South Carolina Divorce Filing Process Guide includes checklists for cases with children, a guide to completing the Parenting Plan, and resources for finding court-approved parent education courses in your county.

See more South Carolina guides →