South Carolina Joint Custody Agreement

JOINT CUSTODY AGREEMENT

State of South Carolina — Family Court

Case Number: [________________________________]
Family Court, [____] Judicial Circuit
County of [________________________________]

I. PARTIES AND CHILDREN

Parent A: [________________________________]
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
Attorney (if any): [________________________________], SC Bar No. [________]

Parent B: [________________________________]
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
Attorney (if any): [________________________________], SC Bar No. [________]

Minor Child(ren):

II. RECITALS AND STATUTORY BASIS

A. Both parties are the natural and legal parents of the child(ren) identified above.

B. The parties agree that joint custody, as defined by S.C. Code Ann. § 63-15-210, is in the best interests of the child(ren). Under § 63-15-210, "joint custody" means both parents have equal rights and responsibilities for major decisions concerning the child, including decisions related to education, medical and dental care, extracurricular activities, and religious training.

C. This Agreement is entered into with reference to the best interest factors set forth in S.C. Code Ann. § 63-15-240 and the mandate of S.C. Code Ann. § 63-15-230 that the court determine custody based on the evidence presented.

D. Pursuant to S.C. Code Ann. § 63-15-10, the Tender Years Doctrine is abolished in South Carolina. Neither parent is entitled to a preference based on sex alone.

E. This Agreement constitutes a parenting plan as contemplated by S.C. Code Ann. § 63-15-220 and is submitted for incorporation into an Order of the Family Court.

F. The parties acknowledge that South Carolina Family Court has exclusive jurisdiction over custody matters pursuant to S.C. Code Ann. § 63-3-530.

G. ☐ The parties have completed mandatory mediation pursuant to Rule 3, SCADR, and a Proof of ADR has been filed with the Clerk of Court.
☐ This is a stipulated agreement exempt from mandatory mediation under Rule 3, SCADR.

III. JOINT LEGAL CUSTODY

Section 3.1 — Grant of Joint Legal Custody

The parties shall share joint legal custody of the child(ren) pursuant to S.C. Code Ann. § 63-15-210. Both parents have equal rights and responsibilities for major decisions concerning:

(a) Education — school enrollment, school district selection, special education services (IEP/504 plans), tutoring, private vs. public school, homeschooling, and college planning;
(b) Medical and Dental Care — selection of healthcare providers, non-emergency medical and dental treatment, surgical procedures, medications, vaccinations, and vision care;
(c) Mental Health Services — counseling, therapy, psychiatric treatment, and psychological evaluations;
(d) Extracurricular Activities — organized sports, lessons, camps, and other structured activities requiring significant financial commitment or time;
(e) Religious Training — religious upbringing, participation in religious services, religious education, and religious ceremonies (noting the Court's consideration under § 63-15-20 of the child's religious background).

Section 3.2 — Decision-Making Protocol

(a) Good Faith Consultation Required. Before making any major decision listed in Section 3.1, the parent proposing the decision shall notify the other parent in writing (email or co-parenting application) and allow at least seven (7) calendar days for response, unless circumstances require more immediate action.

(b) Deadlock Resolution. If the parents cannot agree on a major decision after good-faith efforts:

☐ The parties shall submit the dispute to mediation pursuant to Rule 3, SCADR, before petitioning the Family Court.
☐ The following parent shall have tie-breaking authority for the following specific decision areas (as authorized by § 63-15-210, which permits the judge to designate one parent sole authority for specific decisions):

• Education tie-breaker: [________________________________]
• Medical tie-breaker: [________________________________]
• Extracurricular tie-breaker: [________________________________]
• Religious training tie-breaker: [________________________________]

(c) Emergency Decisions. The parent exercising parenting time may make emergency medical decisions when delay would endanger the child's health or safety. That parent shall notify the other parent as soon as practicable, and in no event later than twenty-four (24) hours after the emergency.

Section 3.3 — Routine Decisions

Each parent has the right to make routine day-to-day decisions during their parenting time, including discipline, bedtime, meals, homework assistance, and scheduling of minor activities not requiring major financial commitment.

IV. PARENTING TIME ALLOCATION

Section 4.1 — Physical Custody Arrangement

☐ Substantially Equal Parenting Time — The child(ren) shall spend approximately equal time with each parent according to the schedule below.

☐ Primary Residential Parent with Liberal Parenting Time — The child(ren)'s primary residence for school enrollment purposes shall be with [________________________________] ("Primary Residential Parent"). The other parent shall have liberal parenting time as scheduled below.

Section 4.2 — Regular Parenting Time Schedule (School Year)

Select one or customize:

☐ Alternating Weeks (Week On/Week Off)
Exchanges occur on [____________] at [____] AM/PM.
Parent A: Week 1 (from exchange day through the following exchange day)
Parent B: Week 2 (alternating)

☐ 2-2-3 Rotating Schedule
Monday-Tuesday: Parent A
Wednesday-Thursday: Parent B
Friday through Sunday: Alternating (Parent A on odd weeks; Parent B on even weeks)

☐ Every Other Weekend Plus Midweek
Primary Residential Parent: Weekdays and alternate weekends
Other Parent: Alternating weekends (Friday at [____] PM through Sunday at [____] PM) and one midweek overnight ([____________] after school through [____________] morning school drop-off)

☐ Custom Schedule:
Parent A's parenting time: [________________________________]
[________________________________]
Parent B's parenting time: [________________________________]
[________________________________]

Section 4.3 — Summer Schedule

(a) Each parent shall have [____] weeks of uninterrupted vacation time during the summer.
(b) The requesting parent shall provide at least thirty (30) days' written notice of proposed summer vacation dates.
(c) ☐ The regular school-year schedule continues during summer / ☐ The following alternative summer schedule applies: [________________________________]

Section 4.4 — Holiday Schedule

Holidays supersede the regular parenting time schedule.

Section 4.5 — Exchanges

(a) Location: [________________________________]
(b) Responsible Party: The receiving parent shall pick up the child(ren) unless otherwise agreed.
(c) Punctuality: Parents shall arrive within fifteen (15) minutes of the scheduled exchange time. Persistent late arrivals may be addressed through the dispute resolution provisions of this Agreement.
(d) Conduct at Exchanges: Parents shall conduct exchanges in a civil and respectful manner. Neither parent shall interrogate the child(ren) about the other parent's household at the time of exchange.

V. CHILD'S PREFERENCE

Pursuant to S.C. Code Ann. § 63-15-30, the Family Court must consider the child's reasonable preference for custody, giving due weight to the child's age, experience, maturity, judgment, and wishes.

☐ The child(ren) have expressed preferences that were considered in developing this Agreement.
☐ The child(ren) are too young to express a meaningful preference at this time.
☐ A Guardian ad Litem was appointed under § 63-3-810 and has provided a recommendation. (See Section XII.)

VI. RELOCATION

Section 6.1 — Notice Requirement

Either parent intending to change their residence shall provide the other parent with written notice at least forty-five (45) days before the proposed move. The notice shall include:

(a) The proposed new address;
(b) The reason for the relocation;
(c) A proposed revised parenting time schedule;
(d) The anticipated effect on the child(ren)'s schooling, activities, and relationships.

Section 6.2 — Moves Exceeding 100 Miles

Pursuant to S.C. Code Ann. § 63-15-240(16), the Court considers whether a parent has relocated more than one hundred (100) miles from the child's primary residence in the past year as a factor in custody determinations. Under Latimer v. Farmer, 360 S.C. 375 (2004), relocation alone does not constitute a substantial change in circumstances but is one factor the Court considers.

Section 6.3 — Dispute Over Relocation

If the non-relocating parent objects, the parties shall first attempt mediation under Rule 3, SCADR. If mediation fails, either party may petition the Family Court for modification. Until a new Court order is entered, the existing parenting time schedule remains in effect.

VII. COMMUNICATION AND RECORDS

Section 7.1 — Co-Parent Communication

Parents shall communicate about child-related matters through: [________________________________]
(Options: OurFamilyWizard, TalkingParents, email, text)

All communication shall be respectful, child-focused, and businesslike. Neither parent shall use the child(ren) as messengers between households.

Section 7.2 — Parent-Child Communication During Other Parent's Time

Pursuant to S.C. Code Ann. § 63-15-250, each parent shall facilitate reasonable telephonic and electronic communication between the child(ren) and the other parent during their parenting time.

☐ Daily phone/video call at approximately [____] PM for up to [____] minutes
☐ Reasonable contact as mutually agreed
☐ Other: [________________________________]

Section 7.3 — Equal Access to Records

Pursuant to S.C. Code Ann. § 63-15-260, regardless of custody, each parent shall have equal access to all educational records and medical records and the right to participate in the child(ren)'s school and extracurricular activities in public locations, unless restricted by court order.

Both parents shall be listed as authorized contacts and emergency contacts at all schools, daycare providers, and healthcare providers.

Section 7.4 — Notification of Significant Events

Each parent shall promptly notify the other of:
(a) Any illness, injury, or hospitalization requiring medical treatment;
(b) Any change of address, telephone number, or employment;
(c) School conferences, performances, and significant events;
(d) Any contact with law enforcement involving the child(ren);
(e) Any involvement with the South Carolina Department of Social Services.

VIII. DOMESTIC VIOLENCE PROVISIONS

Pursuant to S.C. Code Ann. § 63-15-40, the Court must give weight to evidence of domestic violence in custody determinations, including consideration of the physical, sexual, or emotional abuse of the child or a parent, and the identity of the primary aggressor.

☐ Neither party alleges a history of domestic violence.
☐ There is a history of domestic violence, and the following provisions apply: [________________________________]

IX. ADDITIONAL COVENANTS

Section 9.1 — Non-Disparagement

Consistent with S.C. Code Ann. § 63-15-240(8), neither parent shall make negative or disparaging remarks about the other parent, that parent's family, or that parent's household in the presence or hearing of the child(ren).

Section 9.2 — Encouragement of Parental Relationship

Consistent with § 63-15-240(6), each parent shall actively encourage and facilitate the child(ren)'s loving relationship with the other parent and shall not engage in conduct designed to alienate the child(ren) from the other parent.

Section 9.3 — No Manipulation or Coercion

Consistent with § 63-15-240(7), neither parent shall manipulate the child(ren) or engage in coercive behavior to involve the child(ren) in parental disputes.

Section 9.4 — Substance Use

Neither parent shall consume alcohol to impairment or use controlled substances (except as lawfully prescribed) during parenting time or within twelve (12) hours before the start of parenting time.

Section 9.5 — Firearms Safety

All firearms in either parent's home shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren).

Section 9.6 — Introduction of New Partners

If either parent enters into a new romantic relationship, the parent shall introduce the new partner to the child(ren) gradually and only after the relationship has become stable. Neither parent shall allow a new romantic partner to discipline the child(ren).

Section 9.7 — Consistency Across Households

Parents shall make reasonable efforts to maintain consistent expectations regarding homework, bedtime, and behavioral standards across both households.

Section 9.8 — Right of First Refusal

☐ Not applicable.
☐ If either parent is unavailable to care for the child(ren) for more than [____] consecutive hours during scheduled parenting time, that parent shall first offer the other parent the opportunity to care for the child(ren) before engaging third-party childcare.

X. INSURANCE AND FINANCIAL PROVISIONS

Section 10.1 — Health Insurance

[________________________________] shall maintain comprehensive health, dental, and vision insurance for the child(ren).

Section 10.2 — Unreimbursed Medical Expenses

Unreimbursed medical, dental, vision, orthodontic, therapeutic, and prescription expenses shall be divided:
☐ Equally (50/50)
☐ Proportionally based on income: Parent A [____]% / Parent B [____]%
☐ Other: [________________________________]

Section 10.3 — Extracurricular Activity Costs

Costs of mutually agreed-upon extracurricular activities shall be divided:
☐ Equally (50/50)
☐ Proportionally based on income
☐ Other: [________________________________]

Section 10.4 — Automobile Insurance

Each parent shall maintain automobile insurance meeting South Carolina minimum requirements on any vehicle used to transport the child(ren).

XI. DISPUTE RESOLUTION

Section 11.1 — Good Faith Negotiation

The parties shall first attempt to resolve disputes through direct, respectful communication.

Section 11.2 — Mandatory Mediation

Pursuant to Rule 3, SCADR, all contested issues shall be submitted to mediation before filing a motion with the Family Court. A Proof of ADR must be filed with the Clerk of Court before the case may be scheduled for a merits hearing.

Section 11.3 — Family Court Jurisdiction

Any proceeding to interpret, enforce, or modify this Agreement shall be filed in the Family Court of the [____] Judicial Circuit, County of [________________________________], South Carolina, which retains exclusive and continuing jurisdiction pursuant to S.C. Code Ann. § 63-3-530.

Section 11.4 — Contempt

Willful violation of this Agreement, once incorporated into a Court Order, may subject the violating party to contempt of court.

Section 11.5 — Attorney's Fees

The Court may award reasonable attorney's fees and costs to either party.

XII. GUARDIAN AD LITEM

☐ Not applicable.
☐ Pursuant to S.C. Code Ann. § 63-3-810, the Court has appointed [________________________________] as Guardian ad Litem to investigate and represent the best interests of the child(ren). The Guardian ad Litem:

• ☐ Supports this Agreement
• ☐ Has filed a report dated [__/__/____]
• ☐ Recommends modifications as follows: [________________________________]

Guardian ad Litem fees: Parent A [____]% / Parent B [____]%

XIII. MODIFICATION AND REVIEW

Section 13.1 — Annual Review

The parties agree to review this Agreement at least annually and discuss whether modifications are necessary to meet the changing needs of the child(ren).

Section 13.2 — Modification Standard

Any modification of this Agreement, once incorporated into a Court Order, requires a showing of substantial change in circumstances affecting the welfare of the child(ren) and a determination that modification serves the child(ren)'s best interests. Latimer v. Farmer, 360 S.C. 375 (2004); S.C. Code Ann. § 63-15-240.

XIV. GENERAL PROVISIONS

14.1 Severability. If any provision is held unenforceable, the remaining provisions continue in full force.

14.2 Integration. This Agreement, together with any Court Order incorporating it, constitutes the entire understanding between the parties regarding custody and supersedes all prior agreements.

14.3 Amendment. This Agreement may be modified only by written agreement of both parents approved by the Family Court, or by Court Order.

14.4 Counterparts and Electronic Signatures. This Agreement may be executed in counterparts and by electronic signature, each of which is deemed an original.

XV. EXECUTION

PARENT A:

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

PARENT B:

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

VERIFICATION

State of South Carolina
County of [________________________________]

I, [________________________________], being duly sworn, state that I am a party to the foregoing Agreement; that I have read the Agreement and know the contents thereof; and that the statements are true and correct to the best of my knowledge, information, and belief.

Signature: [________________________________]

Sworn to and subscribed before me this [____] day of [____________], [________].

Notary Public for South Carolina: [________________________________]
My Commission Expires: [__/__/____]

(Repeat verification for second parent)

ORDER OF THE FAMILY COURT

STATE OF SOUTH CAROLINA
COUNTY OF [________________________________]

IN THE FAMILY COURT
[____] JUDICIAL CIRCUIT

Case No. [________________________________]

The Court, having reviewed the foregoing Joint Custody Agreement submitted as a parenting plan pursuant to S.C. Code Ann. § 63-15-220, and having considered the best interest factors of S.C. Code Ann. § 63-15-240, and being satisfied that joint custody as defined by § 63-15-210 serves the best interests of the child(ren):

IT IS HEREBY ORDERED that the foregoing Joint Custody Agreement is approved and incorporated into this Order of the Family Court and shall be binding upon the parties.

Pursuant to S.C. Code Ann. § 63-15-230, the Court has considered all custody options and states the reasoning for this determination as follows: [________________________________]

IT IS SO ORDERED this [____] day of [____________], [________].

Signature: [________________________________]
The Honorable [________________________________]
Family Court Judge, [____] Judicial Circuit
South Carolina

SOURCES AND REFERENCES

• S.C. Code Ann. § 63-15-10 (Abolition of Tender Years Doctrine)
• S.C. Code Ann. § 63-15-20 (Religious Faith Consideration)
• S.C. Code Ann. § 63-15-30 (Child's Preference — age, maturity, judgment, wishes)
• S.C. Code Ann. § 63-15-40 (Domestic Violence Weight in Custody)
• S.C. Code Ann. § 63-15-210 (Joint Custody Definition — equal rights and responsibilities)
• S.C. Code Ann. § 63-15-220 (Parenting Plan Filing Requirements)
• S.C. Code Ann. § 63-15-230 (Final Custody Determination — all options considered)
• S.C. Code Ann. § 63-15-240 (Best Interest of the Child — enumerated factors)
• S.C. Code Ann. § 63-15-250 (Telephonic/Electronic Communication with Child)
• S.C. Code Ann. § 63-15-260 (Equal Access to Educational and Medical Records)
• S.C. Code Ann. § 63-3-530 (Family Court Exclusive Jurisdiction)
• S.C. Code Ann. § 63-3-810 (Guardian ad Litem Appointment)
• Latimer v. Farmer, 360 S.C. 375, 602 S.E.2d 32 (2004)
• Rule 3, SCADR (Mandatory Mediation in Contested Family Court Actions)
• Rule 21, SCRFC (Temporary Relief Procedures)