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Visitation

CHARLESTON CHILD VISITATION ATTORNEY JAY MCMILLIAN

WHAT IS STANDARD VISITATION IN FAMILY COURT IN SOUTH CAROLINA

There is a general principle in South Carolina law that a parent without custody of a child does have a right to reasonable visitation, of course subject to the best interests of the child (there's that phrase again).

STANDARD VISITATION

Standard Visitation in South Carolina is quite simple. The parent without custody gets:

  1. Every other weekend
  2. Four weeks in the Summer
  3. Alternating Holidays

That is the baseline in most Family Courts in South Carolina. The Family Court judge of course does retain discretion to restrict or place conditions on visitation upon a proper showing. In very rare cases, the Family Court judge can deny visitation out right if the parent seeking visitation engages in conduct that may endanger the child's welfare or morals.

Much like I stated when talking about child custody, working out a visitation schedule should be a top priority of the parents. Absent any thing that is out of the realm of reasonableness, the Family Court will endorse and agreement between the parents that establishes visitation. It is much more preferable for both parents that they establish a visitation schedule versus leaving that entirely up to a single Family Court Judge.

This is another issue where everyone in the room needs to be an adult and put the best interests of the child at the top of the list. Again, much like in a child custody case, this is an area where the parents have an opportunity to shine and reduce a visitation schedule to writing and insure that the child has both parents actively involved in his or her life; or it is an opportunity for the parents to come out guns blazing.

I always put a disclaimer on these statements by saying that sometimes a fight in front of the Court is unavoidable. What is not unavoidable is the need for a lawyer who can advocate and argue your position and ensure, whether through agreement or trial, that your rights as a parent are protected. I am here to serve you!

The McMillian Law Firm

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Attorney Jay McMillian operates a solo practice with an emphasis on two core principles. First, to provide competent legal advice in the areas of Auto Accident and Personal Injury Law to the people he is proudest to serve, the people of the South Carolina Low Country. Second, to provide the most personal and intimate service to each and every client and give them the attention and compassion that they deserve while going through the stress and strain of negotiating or litigating an injury claim. If you live in Charleston, Summerville, Mount Pleasant, Goose Creek, James Island, Walterboro, Moncks Corner, and you or someone you love has been injured by the negligence of another, please call Jay at The McMillian Law Firm today.

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