Joint Custody: This trap will guarantee joint custody won't be an Option for You

Joint custody has had a pretty bad rap in South Carolina family law history.  Traditionally, it has been articulated in case law as not being in the children's best interest.  More recently, joint custody has become more popular and many family court judges are trying to work out how to best award joint custody in custody cases where it is clear that both parents are involved in their children's lives.  Currently, it is most likely for an award of joint custody to occur at a temporary hearing, but it can be lost along the way depending on parent behavior. 

Before we jump right in to this discussion, let's quickly talk about what joint custody is. SC Code §63-15-210(1) defines "joint custody" as "both parents have equal rights and responsibilities for major decisions concerning the child, including the child's education, medical and dental care, extracurricular activities, and religious training; however, a judge may designate one parent to have sole authority to make specific, identified decisions while both parents retain equal rights and responsibilities for all other decisions." 

When ordering joint custody, the Court must designate a parenting schedule and how these parenting decisions will be made.  That means the joint custody does not necessarily require a 50/50 placement of the children between the parents. 

So, what is the fast lane to losing an opportunity for joint custody: choosing not to co-parent.

Often times parenting from two different homes becomes a competition and parents lose focus of what is truly important.  They begin to focus on how to outdo or undermine the other parent and less about how to work together to ensure their child is well taken care of. This is a selfish approach and one that is not looking out for the best interest of the children. 

SC Code §63-15-240(6) provides one of 17 statutory factors the Family Court considers when awarding custody: "the actions of each parent to encourage the continuing parent-child relationship between the child and the other parent, as is appropriate, including compliance with court orders."

By focusing on "winning" or "out doing" the other parent you will likely lose your bid to have joint custody of your children. 

South Carolina case law essentially states that joint custody is not an option for Family Courts to consider in contested cases as a contested custody case is prima facie evidence that the parents cannot work together to resolve the issues related to their children. 

Tripp Atkins is a Greenville, SC family lawyer who focuses a large portion of his practice on divorce/separation matters that involve children. To schedule a consultation with Tripp, please call 864-558-0512 or use the contact form below to email Tripp directly.

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