Gil Gatch Law Office in Summerville, SC

South Carolina Legal Blog

Stay informed with clear, practical insights on South Carolina law. Our blog breaks down real issues, recent cases, and everyday legal questions to help you understand your rights and options.

Steps to Take if You Want to Change the Custody Arrangement with Your Ex

In South Carolina, the child custody orders that you currently have in place are legally binding until your children grow up or the court modifies them. The state recognizes that children’s needs and their parents’ circumstances evolve over time. And because child custody orders are based on the children’s best interests, modifications are not uncommon. If you find yourself in need of a child custody modification, there are specific steps you should take in pursuit of terms that better reflect your family’s needs.

Our experienced Summerville child custody attorneys at Gil Gatch Law are standing by to help.

Understanding Child Custody in Summerville

Before attempting to change your child custody arrangements in Summerville, it’s important to understand the legal basics that apply. The South Carolina Family Court will handle your case in the county in which your children make their primary residence – Summerville spans Dorchester, Berkeley, and Charleston Counties. The judge who presides over your case will base their determination on your children’s best interests. This underscores the importance of highlighting how your proposed modifications align with your children’s needs.

If You and Your Ex Are in Agreement

If you and your children’s other parent agree that it’s time for a child custody modification and can negotiate terms that you can both live with, you’re in an excellent position. The court handling your case will very likely implement the arrangements you’ve agreed upon.

At this point, you’ll need to submit a Joint Motion to Modify along with your revised parenting plan to the court that initially issued your child custody order. And working closely with a trusted child custody lawyer is advised.

If You and Your Ex Are Not on the Same Page

If you and your ex are not in agreement about the modification you seek, the first step is to consult a knowledgeable child custody attorney. To obtain a modification, you’ll need to demonstrate that there has been a substantial change in the relevant circumstances.

Next steps include all the following:

  • Filing your formal Petition for Modification with the appropriate court
  • Having your ex served with a copy of the petition and a summons that allows them to respond
  • Attending mediation, which is required for most child custody disputes in Summerville
  • Proceeding to court if you and your ex can’t find a middle ground through negotiations

Your dedicated child custody lawyer will guide you through the process with a clear focus on your rights as a parent and on a resolution that works well for you.

Reach Out to Our Experienced Summerville Child Custody Lawyers Today

Our seasoned Summerville, SC, child custody attorneys at Gil Gatch Law appreciate how important a child custody modification can be for you and your children. In response, we will leave no stone unturned in our focused efforts to help. For more information, please don’t delay contacting us online or giving our firm a call at 843-800-2020 today.