Child Custody & Parental Rights
Protecting your children and your rights are likely going to be your biggest concerns. The Law Office of Jason G. Soper can assist you with custody proceedings, out-of-state proceedings (UCCJEA), visitation rights and all matters relating to child support. When dealing with child custody it is of the upmost importance that the best interest of your children are kept in mind.
If the parents are unable to come to an agreement on child custody, then a judge will eventually make the ruling. The judge will make the custody determination by deciding what is in “the best interests of the child.” Today, neither the father nor the mother are entitled to a presumption in favor of one having custody of the other. In South Carolina, regarding child custody, the father and mother are in parity as to entitlement to the custody of a child. Custody will be awarded in a way that best meets the child’s needs.
Child support issues are usually linked with a divorce but that is not always the case. Parents are expected to contribute financially to the children’s care even if the parents have never been married. In South Carolina, in all cases which child support is an issue, the court must consider the Child Support Guidelines. The primary factors to be considered under the guidelines are the gross incomes and earning potential of both parties. Other factors to be considered are; ability to pay, education, expenses and assets surrounding each case. The parent who has primary custody of the child will receive child support from the non-custodial parent. It’s important to note that a Family Court judge has the authority to dictate how much child support is to be paid.
Moreover, it is worth noting that under certain circumstances the Family Court is able to deviate from the child support guidelines. These circumstances include but are not limited to an unusual financial situation, you and your spouse having a very high combined income, your family having more than six children or your child having extraordinary costs. It is not often that the Courts deviate from the guidelines; it is the exception rather than the rule.
If you are dealing with child support issues, please contact The Law Office of Jason Soper today.