SOLE CUSTODY AGREEMENT

State of South Carolina — Family Court

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

I. PARTIES AND CHILDREN

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

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

Minor Child(ren):

II. RECITALS AND STATUTORY BASIS

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

B. Sole Custody Defined. Pursuant to S.C. Code Ann. § 63-15-210, "sole custody" means one person has temporary or permanent custody of the child with the rights and responsibilities for major decisions concerning the child, including decisions regarding education, medical and dental care, extracurricular activities, and religious training.

C. Best Interest Determination. This Agreement is entered into with reference to the best interest factors set forth in S.C. Code Ann. § 63-15-240. The parties acknowledge that the Family Court must determine custody based on the evidence presented and in the best interest of the child, pursuant to § 63-15-230.

D. Tender Years Doctrine Abolished. Pursuant to S.C. Code Ann. § 63-15-10, the Tender Years Doctrine is abolished. This sole custody arrangement is not based on the sex of either parent but on the best interests of the child(ren).

E. Court's Obligation to Consider All Options. Pursuant to § 63-15-230, when custody is contested or joint custody is sought, the Court must consider all custody options and state the reasoning for its determination. The parties stipulate that sole custody is appropriate because:

☐ The parties have agreed that sole custody serves the child(ren)'s best interests based on the following circumstances: [________________________________]
☐ Joint custody is not feasible due to: [________________________________]
☐ The Court has determined sole custody is appropriate after considering all options

F. Mediation Compliance.
☐ The parties have completed mandatory mediation under Rule 3, SCADR, and a Proof of ADR is on file.
☐ This is a stipulated agreement exempt from mandatory ADR.
☐ The case is exempt from mediation under Rule 3(b) or (c) because: [________________________________]

III. GRANT OF SOLE CUSTODY

Section 3.1 — Sole Legal and Physical Custody

[________________________________] ("Custodial Parent") shall have sole legal and physical custody of the child(ren) pursuant to S.C. Code Ann. § 63-15-210, with the exclusive right and responsibility to make all major decisions regarding:

(a) Education — school enrollment, school district, public or private school, special education services (IEP/504 plans), homeschooling, tutoring, and college planning;
(b) Medical and Dental Care — selection of healthcare providers, non-emergency medical and dental treatment, surgical procedures, medications, vaccinations, and orthodontic care;
(c) Mental Health Services — counseling, therapy, psychiatric treatment, and psychological evaluations;
(d) Extracurricular Activities — organized sports, lessons, camps, and other structured activities;
(e) Religious Training — religious upbringing, participation in services, and religious education.

Section 3.2 — Primary Residence

The child(ren) shall reside primarily with the Custodial Parent at:
[________________________________]

The Custodial Parent has authority to determine the child(ren)'s day-to-day activities, routines, discipline, and care.

Section 3.3 — Consultation with Non-Custodial Parent

The Custodial Parent:
☐ Shall consult with the Non-Custodial Parent regarding major decisions before acting, though the Custodial Parent retains final decision-making authority
☐ May, but is not required to, consult with the Non-Custodial Parent regarding major decisions
☐ Shall notify the Non-Custodial Parent of major decisions within [____] days of making them

IV. NON-CUSTODIAL PARENT'S PARENTING TIME (VISITATION)

Section 4.1 — Visitation Type

Select one:

☐ Standard Unsupervised Visitation (Section 4.2)
☐ Expanded Unsupervised Visitation (Section 4.3)
☐ Supervised Visitation (Section 4.4)
☐ Graduated/Step-Up Visitation (Section 4.5)
☐ Custom Schedule (Section 4.6)

Section 4.2 — Standard Unsupervised Visitation

(a) Alternating Weekends: Every other weekend from Friday at [____] PM to Sunday at [____] PM.
(b) Midweek Visit: One evening per week ([____________]) from [____] PM to [____] PM.
(c) Summer: Two (2) non-consecutive weeks during summer vacation with at least thirty (30) days' written notice to the Custodial Parent.

Section 4.3 — Expanded Unsupervised Visitation

(a) Alternating Weekends: Every other weekend from Friday after school to Monday morning school drop-off.
(b) Midweek Overnights: Two (2) evenings per week ([____________] and [____________]) from after school to the following morning school drop-off.
(c) Summer: Four (4) weeks during summer (consecutive or split) with at least sixty (60) days' written notice.

Section 4.4 — Supervised Visitation

Pursuant to S.C. Code Ann. § 63-15-50, if the Non-Custodial Parent has a history of domestic violence, the Court shall provide adequate safeguards for the child's safety.

(a) Frequency: [________________________________] (e.g., once weekly for [____] hours)
(b) Location:
☐ Approved supervised visitation center: [________________________________]
☐ In the presence of an approved supervisor: [________________________________]
(c) Conditions for supervision:
☐ Substance abuse testing required: ☐ Random / ☐ Scheduled / Frequency: [____________]
☐ Completion of parenting classes required
☐ Completion of batterer's intervention program (per § 63-15-50)
☐ Compliance with counseling requirements
☐ No consumption of alcohol within 24 hours of visitation (per § 63-15-50)
☐ Bond posted for return of child(ren) (per § 63-15-50)
☐ Noncustodial parent's address kept confidential (per § 63-15-50)
☐ Other: [________________________________]

(d) Review of Supervision: The parties agree to review supervision requirements every [____] months. Supervision may be reduced or eliminated upon:
☐ Petition to the Family Court demonstrating changed circumstances
☐ Completion of all required programs and [____] months of compliance
☐ Recommendation of the Guardian ad Litem

Section 4.5 — Graduated/Step-Up Visitation Schedule

Phase 1 (Months 1-[____]):
[________________________________]

Phase 2 (Months [____]-[____]):
[________________________________]

Phase 3 (Months [____]+):
[________________________________]

Advancement to the next phase requires:
☐ Compliance with all conditions for [____] consecutive months
☐ Clean substance abuse testing results
☐ Positive report from supervisor/counselor
☐ No new incidents of domestic violence or criminal conduct
☐ Court approval

Section 4.6 — Custom Visitation Schedule

[________________________________]
[________________________________]

Section 4.7 — Holiday and Special Occasion Schedule

Holiday visitation supersedes the regular schedule. If supervised visitation applies, holiday visitation shall also be supervised unless the Court orders otherwise.

Section 4.8 — Exchanges

(a) Location: [________________________________]
(b) Transportation: [________________________________] shall be responsible for transporting the child(ren) to and from visitation.
(c) Conduct: Parents shall be civil and respectful during exchanges. If a history of domestic violence exists, exchanges shall occur:
☐ At a public location: [________________________________]
☐ Through a third party: [________________________________]
☐ At a supervised visitation center
☐ Via school drop-off/pick-up to avoid direct parental contact

V. CHILD'S PREFERENCE

Pursuant to S.C. Code Ann. § 63-15-30, the Court shall 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 support this arrangement.
☐ The child(ren) are too young to express a meaningful preference.
☐ A Guardian ad Litem has assessed the child(ren)'s preferences under § 63-3-810.

VI. DOMESTIC VIOLENCE PROVISIONS

Section 6.1 — Disclosure

☐ Neither party alleges domestic violence.
☐ There is a history of domestic violence involving:
☐ Physical abuse ☐ Sexual abuse ☐ Emotional abuse
☐ An Order of Protection is in effect: Case No. [________________________________]

Section 6.2 — Statutory Safeguards

Pursuant to S.C. Code Ann. § 63-15-40, the Court must give weight to evidence of domestic violence, including the identity of the primary aggressor. Under § 63-15-40, a parent's relocation for safety purposes shall not be the sole basis for denying custody.

If the Non-Custodial Parent has perpetrated domestic violence, the following safeguards under § 63-15-50 are incorporated:

☐ Supervised visitation only (see Section 4.4)
☐ Completion of a batterer's intervention program
☐ Abstinence from alcohol and controlled substances, with testing
☐ Bond posted in the amount of $[________________________________]
☐ Address of Custodial Parent and child(ren) kept confidential
☐ Other conditions: [________________________________]

VII. COMMUNICATION AND RECORDS

Section 7.1 — Parent-Child Communication

Pursuant to S.C. Code Ann. § 63-15-250, the Custodial Parent shall facilitate reasonable telephonic and electronic communication between the child(ren) and the Non-Custodial Parent, absent evidence of abuse, neglect, or abandonment.

Schedule: [________________________________]
Method: ☐ Phone ☐ Video call ☐ Text (age-appropriate) ☐ Other: [____________]

Section 7.2 — Equal Access to Records

Pursuant to S.C. Code Ann. § 63-15-260, the Non-Custodial Parent retains equal access to all educational and medical records and the right to participate in the child(ren)'s activities in public locations, unless restricted by court order.

The Custodial Parent shall:
(a) Provide copies of report cards and progress reports within [____] days of receipt;
(b) Notify the Non-Custodial Parent of school conferences and significant events with at least [____] days' notice;
(c) Not obstruct the Non-Custodial Parent's direct access to school and medical providers.

Section 7.3 — Emergency Notification

The Custodial Parent shall notify the Non-Custodial Parent within twenty-four (24) hours of any emergency, serious illness, injury, or hospitalization involving the child(ren).

Section 7.4 — Co-Parent Communication Method

Parents shall communicate about child-related matters through: [________________________________]

VIII. RELOCATION

Section 8.1 — Relocation Within South Carolina

The Custodial Parent may relocate within South Carolina, provided:
(a) Written notice is given to the Non-Custodial Parent at least forty-five (45) days before the move;
(b) The notice includes the new address, reason for move, and proposed impact on visitation.

Section 8.2 — Relocation Beyond 100 Miles or Out of State

Pursuant to S.C. Code Ann. § 63-15-240(16), the Court considers a parent's relocation of more than 100 miles as a factor in custody determinations.

For moves exceeding 100 miles or out of state:
(a) The Custodial Parent shall provide at least forty-five (45) days' written notice;
(b) The notice shall include a proposed revised visitation schedule;
(c) If the Non-Custodial Parent objects, the parties shall attempt mediation under Rule 3, SCADR;
(d) If mediation fails, the Custodial Parent must obtain Court approval before relocating with the child(ren).

Under Latimer v. Farmer, 360 S.C. 375 (2004), relocation alone is not a sufficient change in circumstances to modify custody, but it is a factor the Court considers along with all other circumstances.

IX. GUARDIAN AD LITEM

☐ Not applicable.
☐ Pursuant to S.C. Code Ann. § 63-3-810, the Court has appointed [________________________________] as Guardian ad Litem. The appointment was made because:
☐ Without a Guardian ad Litem, the Court would likely not be fully informed about the facts and there is a substantial dispute necessitating appointment
☐ Both parties consented to the appointment

The Guardian ad Litem has:
☐ Conducted an independent investigation and filed a report dated [__/__/____]
☐ Supports this sole custody arrangement
☐ Recommends additional provisions: [________________________________]

Fees: Parent A [____]% / Parent B [____]%

X. ADDITIONAL COVENANTS

Section 10.1 — Non-Interference

The Non-Custodial Parent shall not interfere with the Custodial Parent's decision-making authority or the child(ren)'s primary residence.

Section 10.2 — Non-Disparagement

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

Section 10.3 — No Alienation or Manipulation

Consistent with §§ 63-15-240(6)-(7), neither parent shall:
(a) Engage in conduct designed to alienate the child(ren) from the other parent;
(b) Manipulate or coerce the child(ren) to involve them in parental disputes.

Section 10.4 — Substance Use

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

Section 10.5 — Firearms Safety

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

Section 10.6 — Timely Return of Child(ren)

The Non-Custodial Parent shall return the child(ren) at the scheduled time and location. Late returns without prior notice and reasonable excuse constitute a material breach.

Section 10.7 — Right of First Refusal

☐ Not applicable.
☐ If the Custodial Parent is unavailable for more than [____] consecutive hours, the Custodial Parent shall first offer the Non-Custodial Parent the opportunity to care for the child(ren) before engaging third-party childcare.

XI. INSURANCE AND FINANCIAL PROVISIONS

Section 11.1 — Health Insurance

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

Section 11.2 — Unreimbursed Medical Expenses

☐ Custodial Parent pays 100%
☐ Split equally (50/50)
☐ Proportional to income: Custodial Parent [____]% / Non-Custodial Parent [____]%

Section 11.3 — Automobile Insurance

Each parent shall maintain automobile insurance meeting South Carolina minimum requirements when transporting the child(ren).

XII. DISPUTE RESOLUTION

Section 12.1 — Mediation First

Pursuant to Rule 3, SCADR, all contested issues must be submitted to mediation before a merits hearing. A Proof of ADR must be filed with the Clerk of Court.

Section 12.2 — Family Court Jurisdiction

Exclusive jurisdiction lies in the Family Court of the [____] Judicial Circuit, County of [________________________________], South Carolina, pursuant to S.C. Code Ann. § 63-3-530.

Section 12.3 — Contempt

Willful violation of this Agreement, once incorporated into a Court Order, subjects the violating party to contempt proceedings.

Section 12.4 — Attorney's Fees

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

XIII. MODIFICATION

Any modification requires a showing of a substantial change in circumstances affecting the child(ren)'s welfare, 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 constitutes the entire understanding regarding custody.

14.3 Amendment. Modification requires written agreement of both parents and Court approval, or Court Order.

14.4 Counterparts. This Agreement may be executed in counterparts and electronically.

XV. EXECUTION

CUSTODIAL PARENT:

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

NON-CUSTODIAL PARENT:

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 Sole Custody Agreement, having considered all custody options as required by S.C. Code Ann. § 63-15-230, and having evaluated the best interest factors of § 63-15-240, hereby finds:

(a) Sole custody to [________________________________] serves the best interests of the child(ren);
(b) The Court has considered all custody options including joint custody and states the following reasoning: [________________________________];
(c) ☐ Mandatory mediation has been completed / ☐ An exemption applies;
(d) The parties have entered this Agreement voluntarily.

IT IS HEREBY ORDERED that the foregoing Sole Custody Agreement is approved and incorporated into this Order of the Family Court.

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)
• S.C. Code Ann. § 63-15-40 (Domestic Violence Weight in Custody)
• S.C. Code Ann. § 63-15-50 (Safeguards for DV Perpetrator Visitation)
• S.C. Code Ann. § 63-15-210 (Sole Custody Definition)
• S.C. Code Ann. § 63-15-220 (Parenting Plan Requirements)
• S.C. Code Ann. § 63-15-230 (Court Must Consider All Custody Options)
• S.C. Code Ann. § 63-15-240 (Best Interest of the Child Factors)
• S.C. Code Ann. § 63-15-250 (Telephonic/Electronic Communication)
• S.C. Code Ann. § 63-15-260 (Equal Access to Records)
• S.C. Code Ann. § 63-3-530 (Family Court Exclusive Jurisdiction)
• S.C. Code Ann. § 63-3-810 (Guardian ad Litem Appointment Standards)
• Latimer v. Farmer, 360 S.C. 375, 602 S.E.2d 32 (2004)
• Rule 3, SCADR (Mandatory Mediation in Family Court)
• Rule 21, SCRFC (Temporary Relief Procedures)