Child Custody

The dissolution of any marriage or partnership raises a plethora of issues. When children are involved, the resulting issues are even more complex as custody and child support concerns come to the forefront.

In family law, the issue of child custody is generally the most concerning for clients. The determination of the physical and legal custody of children is of the utmost importance to litigants. Emotions tend to be at their highest when children are involved, and most parents have strong opinions about how their children should be raised. This is why choosing the right custody lawyer is so crucial — you need experienced representation to make sure all of your parental concerns are properly addressed.

Child custody is dual faceted in that it encompasses both the physical and legal custody of the child. Physical custody is where the child resides while legal custody entails the decision making process for the parents including the right to decide education preferences, religious practices, medical treatments and activity involvement. Both of these aspects must be considered during child custody proceedings.

At Mason Legal Services, LLC, we understand your concerns as a parent. This is why we begin each custody case by identifying your concerns for your children. Once identified, we will utilize those concerns to find workable solutions for your case. Ms. Mason is knowledgeable, qualified, and prepared to assist you in procuring an order that best suits your family.

Custody Modification

Even if the court has already declared a custody order, it is possible to have the court order modified. This is also true of visitation rights. In fact, the family court has the authority to modify child custody orders and visitation rights at any time. In South Carolina, a party can only modify the terms of an existing order after showing that there has been a material and substantial change in circumstances since the rendition of the last court order warranting modification.

The law recognizes that as children grow and mature, their needs change. Likewise, the circumstances of parents are continually changing. Parents change jobs, remarry, and move to new homes and new cities. In some cases a parent may begin to abuse alcohol or drugs, become violent, or place a child in a dangerous situation. Thus, although an order may have been appropriate when it was originally entered, the terms of the order may quickly become inappropriate or unworkable for a family. In those instances, a party should seek to modify the provisions contained within the existing order.

Appointment of a Guardian Ad Litem

Whenever there is a dispute between parents over a child’s custody, the family court appoints a guardian ad litem to become involved in the case. In South Carolina, a guardian ad litem (Guardian or GAL) is a formal advocate for a child involved in a court proceeding such as family court. Although the guardian generally is appointed in the beginning of a case, the court can appoint a guardian any time in the legal proceeding when the best interests of the children are at issue.

Mason Legal Services, LLC will provide you with the guidance, expertise, and support you need to navigate this process. We always have the best interest of your child/children in mind, and we will work hard to help you obtain an order that best suits your entire family. Contact us today to learn about the options available to you and your family.