Child Custody Agreement - South Carolina

Child Custody Agreement and Joint Parenting Plan

South Carolina Family Court, [COUNTY] County

Case number, if filed: [________________________________]

Date of agreement: [__/__/____]

Before you use this: At a contested temporary custody hearing, each parent must file a parenting plan, or both may file a joint plan. The court decides custody under the child's best interests. This signed agreement is the parents' proposed plan until the court approves it. S.C. Code Ann. §§ 63-15-220(A), 63-15-230(A).

The undersigned parents agree to request the custody and parenting terms below for the children named here. Any existing custody, protection, or other controlling court order is identified in Section 1 and remains controlling unless the court changes it.

1. Parents, children, and existing orders

Parent 1: [FULL LEGAL NAME]

Address for notices: [________________________________]

Phone and email: [________________________________]

Parent 2: [FULL LEGAL NAME]

Address for notices: [________________________________]

Phone and email: [________________________________]

Existing relevant court orders and case numbers: [________________________________].

Other persons whose existing legal rights affect this plan: [________________________________].

2. Proposed custody and major decisions

Proposed legal custody (choose one):

☐ Joint custody, with both parents participating in major decisions as allocated below.

☐ Sole custody to Parent 1, subject to the court's order.

☐ Sole custody to Parent 2, subject to the court's order.

South Carolina law permits the court to award joint or sole custody and, with joint custody, to designate one parent as sole decision-maker for specific identified decisions. S.C. Code Ann. §§ 63-15-210, 63-15-230(B).

For a joint-custody order, the court must specify residential arrangements and how the parents will consult and communicate about major decisions. S.C. Code Ann. § 63-15-240(A)(3). The parents will use [EMAIL / PHONE / APP / OTHER: __________] for consultation, seek a response within [____] when practicable, and document decisions by [________________________________]. A parent caring for a child may arrange urgent care when needed and will notify the other parent as soon as practicable, consistent with any controlling order.

3. Residence and regular parenting time

Proposed residential arrangement: ☐ Shared schedule below ☐ Primary residence with Parent 1 ☐ Primary residence with Parent 2 ☐ Other: [________________________________].

Child's school enrollment address, if needed: [________________________________].

If the regular schedule repeats, its start date and cycle are: [________________________________]. If a child has different needs or a different schedule, identify the child and variation: [________________________________].

4. Holidays, summer, and schedule changes

Holiday periods override the regular schedule. The holiday starts and ends at the times stated here; if a cell is blank, the regular schedule applies.

Summer schedule if different from above: [________________________________].

Vacation request method and agreed lead time: [________________________________].

For a temporary scheduling change, the parents will record the affected dates, exchange details, and any make-up time in writing. Neither parent will treat an informal change as a permanent change to a court order.

5. Exchanges, travel, and contact

Regular exchange location: [________________________________].

Transportation responsibility: [________________________________].

If school or child care is closed: [________________________________].

If an exchange is delayed, the delayed parent will notify the other by [METHOD] at [PHONE / APP ACCOUNT].

The child will travel with needed medication, school items, and other agreed belongings: [________________________________].

Travel notice and itinerary arrangements, if agreed: [________________________________].

Passport and international travel arrangements, if agreed: [________________________________].

Any travel term remains subject to a controlling court order.

If relocation affects the parenting schedule, the parents will record a proposed revision and seek court action where needed. In a custody determination, a move of more than 100 miles from the child's primary residence in the past year is a statutory factor, except when made for safety reasons. S.C. Code Ann. § 63-15-240(B)(16).

Each parent will support reasonable child contact with the other parent consistent with the child's needs and any court order. S.C. Code Ann. § 63-15-250. Agreed phone or video contact times, method, and privacy arrangements: [________________________________].

6. Records and important information

Unless a court order or State law prohibits it, each parent has equal access to the child's educational and medical records and may participate in school and extracurricular activities held in public locations. S.C. Code Ann. § 63-15-260.

The parents will exchange school, provider, emergency-contact, and activity information by [METHOD] within [AGREED TIME]. Each will promptly tell the other of a serious injury, illness, emergency treatment, or other urgent matter affecting the child. Current school and health care contacts: [________________________________].

7. Safety and special arrangements

Relevant protection or supervision order, if any: [COURT / CASE / DATE / TERMS: ________________________________].

☐ No special exchange or contact arrangement is requested.

☐ Proposed supervised parenting time: [SUPERVISOR / PLACE / PERIOD: ________________________________].

☐ Proposed protected or neutral exchange: [PLACE / METHOD: ________________________________].

☐ Proposed confidential contact method or address treatment: [________________________________].

Other arrangements for the child's health, disability, developmental needs, or safety: [________________________________].

The parents will follow every applicable safety and protection order. This agreement does not itself cancel or narrow such an order.

8. Support and expenses

Child support, insurance, and shared expenses are governed by: ☐ existing order, case [____________] ☐ separate proposed support agreement submitted for court approval ☐ court determination requested. This custody agreement sets no child support amount or tax allocation.

Expense and reimbursement logistics already ordered or separately agreed, if any: [________________________________].

9. Submission, review, and signatures

The parents request that the Family Court consider this agreement as their joint parenting plan. If submitted for a contested temporary hearing, S.C. Code Ann. § 63-15-220(A) permits a joint plan. Either parent may submit an updated plan for consideration at the final hearing under § 63-15-220(B). The court makes the final custody determination based on the evidence and the child's best interests under § 63-15-230(A).

The parents may discuss revisions and sign an updated proposal. After entry of a court order, they will seek court action where needed to change ordered custody terms. Unresolved custody questions may be presented to the court.

By signing, each parent confirms that the completed choices above express that parent's proposed terms and that the parent has received a copy.

Parent 1 signature: [________________________________]

Printed name: [________________________________]

Date: [__/__/____]

Parent 2 signature: [________________________________]

Printed name: [________________________________]

Date: [__/__/____]

Proposed court disposition

☐ Approved and incorporated into the order dated [__/__/____], subject to these changes: [________________________________].

☐ Considered; different custody terms are stated in the separate order dated [__/__/____].

Family Court judge: [________________________________]

Date: [__/__/____]

Sources and References

• S.C. Code Ann. §§ 63-15-210 through 63-15-260