Life changes—and sometimes, so must your custody arrangement.
If you have a child custody order in place in South Carolina, but your family’s circumstances have changed significantly, you may be eligible to request a modification. However, the court will not grant a change lightly.
To modify a custody order in South Carolina, you must show that a substantial change in circumstances has occurred—one that directly affects the child’s welfare.
At Seaton & Duncan, Attorneys at Law, LLC, we help parents across the Lowcountry navigate the legal and emotional complexities of custody modifications.
Below, we explain what qualifies as a substantial change and how to initiate the process through South Carolina family courts.
What Is a Custody Order?
A custody order is a legal decision issued by a family court that outlines which parent has legal and/or physical custody of a child.
In South Carolina, custody may be shared (joint) or awarded to one parent (sole). The order also specifies how time with the child is divided and which parent makes major life decisions for the child.
To learn more about custody and other family law matters, visit our page on Family Law.
When Can You Modify a Custody Order in South Carolina?
To modify a custody order in South Carolina, the law requires proof of three key elements:
- A substantial change in circumstances since the last custody order.
- That change must affect the child’s well-being.
- The requested change must be in the best interests of the child.
This standard is well-established in South Carolina case law, including Latimer v. Farmer, 360 S.C. 375 (2004), where the state’s highest court emphasized that any custody modification must serve the child’s welfare—not just accommodate a parent’s preferences.
What Courts Consider a Substantial Change in Circumstances
South Carolina courts evaluate each situation individually, but certain types of changes are commonly accepted as substantial and material:
1. Relocation
A parent’s move—especially out of state or a significant distance away—may disrupt the child’s routine and existing parenting time schedule.
2. Changes in the Child’s Needs
As children grow, their educational, emotional, or medical needs may shift. A new diagnosis, school performance issues, or changes in therapy may warrant a different custody arrangement.
3. Parental Misconduct
Allegations of domestic violence, substance abuse, criminal behavior, or exposing the child to unsafe environments are serious grounds for modification.
To learn more about protective orders or safety concerns, view our section on Domestic Violence and Restraining Orders.
4. Change in Parental Circumstances
This includes job loss, remarriage, or a decline in a parent’s ability to care for the child, especially if it negatively impacts the child’s home life or daily routine.
5. Child’s Preference
The court may give weight to a mature child’s custodial preference, though this is just one factor among many.
The Legal Process for Custody Modification
If you’re seeking a custody modification in South Carolina, you’ll need to take formal legal steps through the family court:
Step 1: File a Complaint
You begin by filing a complaint or petition to modify the current custody order in the same court that issued the original decree.
Step 2: Serve the Other Parent
The other parent must be legally notified and given the opportunity to respond.
Step 3: Attend Mediation (if required)
Family courts in South Carolina often require mediation to encourage cooperative solutions before a full hearing is scheduled.
Our firm also represents clients in contested proceedings. Learn more about our approach to Civil Litigation and trial advocacy.
Step 4: Present Evidence
You must present credible evidence supporting the alleged change in circumstances—this may include witness testimony, school or medical records, and documentation of the current parenting situation.
The Best Interests of the Child: The Deciding Factor
Under S.C. Code Ann. § 63-15-240, family courts use the “best interests of the child” standard when deciding custody matters. Judges may consider:
- The emotional bond between the child and each parent
- Each parent’s ability to provide a safe and stable environment
- The child’s developmental and educational needs
- Any history of abuse or neglect
- The willingness of each parent to support the child’s relationship with the other parent
Even if a substantial change is proven, the court will not approve the modification unless it clearly benefits the child.
Frequently Asked Questions on Custody Modification
Can a child choose which parent to live with?
Not exactly. South Carolina courts may consider a child’s preference, especially if the child is mature enough, but it is not the deciding factor.
Can parents agree to modify custody without going to court?
Parents can agree, but the modification must be approved by the court to be legally enforceable.
Do temporary issues count as a substantial change?
No. The change must be ongoing and have a material effect on the child’s well-being.
Do I need an attorney to modify a custody order?
While you are not legally required to have an attorney, working with a knowledgeable family law attorney improves your chances of presenting a strong, well-supported case.
Local Support from Charleston Family Law Attorneys
At Seaton & Duncan, we understand that child custody disputes can be deeply personal and stressful.
Based in Moncks Corner, South Carolina, we represent clients throughout Berkeley County and surrounding areas in custody modification proceedings. Whether you are seeking to change custody or defending against a modification, our team is here to guide you through each step.
Custody arrangements must adapt to life’s realities, but the court’s main focus remains on the child’s welfare.
If you believe that a substantial change in circumstances has occurred in your family, and your current custody order no longer serves your child’s best interests, it may be time to take legal action.
Contact Seaton & Duncan, Attorneys at Law, LLC Today
If you’re considering a custody modification in South Carolina, the attorneys at Seaton & Duncan, Attorneys at Law, LLC are ready to help.
Our experienced family law team will assess your situation, explain your legal options, and advocate for the outcome that best supports your child.
Call us today at (843) 761-38400 or click here to schedule a consultation.
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