What is Custody?

WHAT IS CUSTODY?

Custody means having the daily responsibility for taking care of children. When a family breaks up, each parent still has legal custody, even though the children may live with only one parent, until a judge decides with whom the children should live. Each parent should talk to a lawyer so they can try to come to an agreement about custody. Even then, the Judge has the right to decide whether the agreement is best for the children. In all cases where custody will be a contested issue, a Guardian Ad Litem must be appointed. Rule 17 (c) of the South Carolina Rules for Civil Procedure provides as follows:

The Court shall appoint a Guardian Ad Litem for a minor or incompetent person not otherwise represented in an action or shall make such order, as it deems proper for the protection of the minor or incompetent person. Today, custody may be with either parent or both (joint). In some instances, it may be with a relative or state institution like DSS.

 

WHY IS IT IMPORTANT?

Children have the right to be provided with food, clothing and shelter and to know there is at least one person to take care of them. The person who has custody is required to get medical care for them and see that they go to school. The custodial parent may receive child support from the other parent. Custody also helps the parent declaring who is the legal caretaker. If children are taken without permission from the legal caretaker, a judge can order their return. Joint custody has recently been approved in South Carolina.

This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem.