As divorce attorneys in Charleston, we know that custody disputes can be among the most difficult cases for a Charleston divorce lawyer to handle. Many of our clients want to know whether their child or children can choose which parent to live with in South Carolina. The answer is more complicated that a straightforward “yes” or “no.” In South Carolina, there is no exact age when a child may choose to live with one parent or the other. This article examines all of the factors involved in deciding whether a child’s preference carries any importance with a family court judge.
The Older the Child Is, The More Likely the Child Can Choose Which Parent to Live with in South Carolina
Under South Carolina law, a child is a person who is under the age of 18. In deciding which parent should have custody of a child, South Carolina’s family courts focus on the “best interests of the child” which includes the child’s reasonable preference for custody.