South Carolina Custody & Parenting Plans

South Carolina Family Courts decide custody and parenting time based on the child's best interests under S.C. Code § 63-15-240. The court can award either sole or joint custody, and every contested case requires a formal parenting plan filed on Form SCCA466. Mandatory mediation applies in all contested family court matters, and both parents must submit financial declarations under Family Court Rule 20.

This guide covers South Carolina's best interest factors, custody types, parenting plan requirements, the mediation mandate, Income Shares child support calculations, and modification procedures—with statutory citations so you can verify every detail.

South Carolina's Best Interest Factors

Under S.C. Code § 63-15-240, the court must evaluate the child's best interests when making any custody determination. The statute lists seventeen factors, including:

• Developmental needs: The temperament and developmental needs of the child
• Parental capacity: Each parent's ability to understand and meet the child's needs
• Child's preferences: Considered if the child is of suitable age and maturity
• Parent-child relationship: Past and present interaction with each parent and siblings
• Encouraging the other parent: Each parent's willingness to foster the child's relationship with the other parent and comply with court orders
• Manipulation and coercion: Whether a parent manipulated or used coercive behavior to involve the child in parental disputes
• Disparagement: Whether a parent disparaged the other parent in front of the child
• Stability and continuity: The child's adjustment to home, school, and community
• Mental and physical health: Of all individuals involved—disability alone is not determinative
• Domestic violence and abuse: Whether a parent has perpetrated domestic violence or child abuse, including its effect on the child
• Relocation: Whether a parent relocated more than 100 miles from the child's primary residence in the past year, unless for safety

Important: South Carolina courts may also consider the child's cultural and spiritual background, and "other factors as the court considers necessary." No single factor is automatically dispositive—judges weigh all circumstances together.

Sole vs. Joint Custody

Under S.C. Code § 63-15-230, the only custody types a South Carolina Family Court may order are sole custody or joint custody. If either parent requests joint custody—or custody is contested at all—the court must consider all custody options and state its reasoning in the final order.

Sole Custody

• One parent has primary physical and legal custody of the child
• The noncustodial parent receives parenting time (visitation) as the court determines is in the child's best interest
• The custodial parent must facilitate reasonable phone and electronic communication with the noncustodial parent, except in cases of abuse, neglect, or abandonment

Joint Custody

• Both parents share decision-making authority regarding major issues like education, healthcare, and religious training
• The order must include residential arrangements with each parent based on the child's needs
• The order must describe how parents will consult and communicate about major decisions
• Joint custody does not automatically mean equal parenting time—the schedule reflects the child's best interests

Explore different custody arrangements and see how parenting time translates into annual days:

Parenting Plan Requirements (SCCA466)

Under S.C. Code § 63-15-220, at all temporary hearings where custody is contested, each parent must file a parenting plan. Parents may submit a joint plan instead. The official form is SCCA466, which requires:

• Custody type: Whether you propose sole or joint custody
• Parenting time schedule: Detailed breakdown of weekday, weekend, holiday, school break, and summer arrangements
• Major decisions: How education, medical and dental care, extracurricular activities, and religious training decisions will be made
• Communication: How parents will consult about the child's needs and how the child will communicate with each parent
• Transportation: Exchange logistics including pickup/drop-off locations and times
• Dispute resolution: How disagreements will be handled (mediation, arbitration, or return to court)

Even in an uncontested South Carolina divorce, drafting a thorough parenting plan protects both parents and provides a clear reference if conflicts arise later.

Mandatory Mediation

South Carolina's ADR Rule 3 requires mediation for all contested issues in domestic relations cases filed in Family Court, with limited exceptions (temporary relief motions, contempt, and DSS-initiated cases). Key points:

• Mediation is mandatory in all 46 South Carolina counties
• Parties typically split mediator fees unless the court orders otherwise
• Either party may move to exempt a case for good cause
• Mediation must occur before a contested hearing on custody, support, or property division

Mediation often resolves parenting disputes faster and less expensively than litigation. If mediation fails, the case proceeds to a contested hearing.

Filing Requirements and Waiting Periods

Before the court can finalize custody as part of a divorce, certain procedural requirements must be met:

• Residency: The filing spouse must have lived in South Carolina for at least one year—or three months if both spouses are SC residents when the case starts (S.C. Code § 20-3-30)
• Filing fee: $150 for divorce, custody, or support cases (SC Family Court fees); fee waivers are available via Form SCCA405F
• Fault-ground waiting period: No final decree before three months after filing on fault grounds like adultery, cruelty, or habitual drunkenness (S.C. Code § 20-3-80)
• No-fault separation: One year of continuous separation without cohabitation is required before filing on no-fault grounds
• Corroboration: South Carolina generally requires a corroborating witness—someone who can attest to the separation period—even in uncontested cases

Child Support Under South Carolina Guidelines

South Carolina uses the Income Shares model under S.C. Code Regs. § 114-4710 and the updated 2024 Child Support Guidelines. Both parents' gross incomes are combined to determine what would have been spent on the children in an intact household, then divided proportionally.

Key Support Thresholds (2025)

• Combined income cap: $40,000/month combined gross income on the Schedule
• Self-support reserve: $1,010.50/month—if the obligor's income falls in the shaded low-income area of the Schedule, support is calculated using obligor income only
• Minimum order: $100/month when combined income is below $750/month
• Guidelines for 1–6+ children: Amounts are read from the Schedule based on combined income and number of children

Shared Custody Adjustment (Worksheet C)

When each parent has the children at least 110 overnights per year, the court uses Worksheet C:

• 128+ overnights: Multiply the basic obligation by 1.5, apportion by income share, multiply each share by that parent's time percentage, then offset
• 110–127 overnights: A graduated formula blends the sole-custody amount (Worksheet A) and the full shared amount (Worksheet C)
• If a parent does not exercise the ordered shared time, the other parent may seek reversion to the sole-custody calculation

Add-On Expenses

• Childcare: Reasonable work-related childcare costs, net of the child care tax credit
• Health insurance: The child-only portion of premiums (difference between self-only and family coverage)
• Extraordinary medical: Unreimbursed medical expenses above $250 per child per year are divided proportionally by income

For a detailed breakdown of how South Carolina calculates support, see our South Carolina child support calculations guide.

Support Duration and Termination

Under S.C. Code § 63-3-530(A)(17), South Carolina child support follows these termination rules:

• Standard termination: Age 18
• High school exception: Continues while the child is actually attending high school or an equivalency program
• Disabled adult children: Support may continue for a child with severe mental or physical disabilities that began before reaching majority

Modifying Custody and Support Orders

South Carolina allows modification of custody and support orders under specific circumstances:

Custody Modification

• Requires a substantial change of circumstances affecting the child's best interests
• The court re-applies the § 63-15-240 best interest factors
• The SC Judicial Branch provides free SRL modification packets with interactive forms

Support Modification

• Requires a substantial or material change in circumstances
• DSS offers a routine review every 36 months
• No fixed percentage threshold is set by statute—courts evaluate whether the change is significant enough

Enforcement of Support Orders

South Carolina provides robust enforcement mechanisms through DSS and the Family Court:

• Income withholding: Employers must begin withholding pursuant to S.C. Code § 63-17-1460
• License revocation: Driver's, recreational, and professional licenses may be suspended under §§ 63-17-1010 to -1060
• Tax refund intercepts: Federal and state refunds can be applied to arrears
• Passport denial: Federal law denies passports when arrears exceed $2,500
• Credit reporting: Arrears reported to credit bureaus
• Contempt: Under Family Court Rule 24, the clerk can issue a rule to show cause for arrears
• Interest on arrears: 11.5% per annum (compounded annually) on unpaid support

Key Takeaways

• Best interest standard: Courts evaluate 17 factors under § 63-15-240; no single factor controls
• Sole or joint custody: The only two options under § 63-15-230; joint does not require equal time
• SCCA466 parenting plan: Required in all contested custody hearings
• Mandatory mediation: Required in all 46 counties for contested family cases
• One-year residency: Required to file (three months if both spouses are SC residents)
• Income Shares model: Combined gross income up to $40,000/month cap
• Shared custody threshold: 110+ overnights triggers Worksheet C adjustment
• Self-support reserve: $1,010.50/month
• Support termination: Age 18 (continues through high school if enrolled)
• 11.5% interest: On arrears, compounded annually
• $150 filing fee: With fee waiver available
• 36-month review: DSS offers routine support reviews every three years

For general information about 50/50 custody schedules or help organizing your case, use our free tools to build a parenting plan tailored to South Carolina law.