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The following are the six steps to getting full custody in South Carolina: Petition. The first step to getting full custody in South Carolina is to draft a portion of the divorce or paternity petition. Filing the Petition Paperwork. Temporary Hearing. Mediation. Trial. Judges Decision.
Parental unfitness means a personal deficiency or incapacity that has prevented, or will probably prevent, performance of a reasonable parental obligation in child rearing and that has caused, or probably will result in, detriment to a childs well-being.
Generally speaking, a child who is 12 years of age/in their early teenage years will have more influence in respect to their wishes and feelings than a much younger child. The majority of child arrangement orders are in place until the child turns 16 years old but they can be extended to 17 and 18 years old.
Parenting plans are part of the final divorce decree and, as such, are legally binding. They cannot be modified without court approval and parents who fail to abide by the terms of their parenting plan can find themselves facing court sanctions and loss of parental privileges.
The court can restrict or deny a noncustodial parent visitation grounds on the flowing grounds: If the parent has a history of molesting the child. If the court believes that the parent can kidnap the child. If the parent is likely to abuse drugs while taking care of the child.
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The custodial parent is no longer fit to provide for the childs physical, emotional, and mental needs. A parent has remarried to or is cohabitating with another person.
In Indiana, a childs wishes regarding custody are not controlling until the child is at least 14 years old, to help minimize any undue influence from a parent.
In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child docHubes the age of 16, they are legally allowed to choose which parent to live with.
If you want to change the custody order, you must take action by filing a petition with the family court usually, the court that issued the original custody order and by proving a material change in circumstances.
If your child is refusing visitation with your co-parent due to a reason that directly concerns their safety, bring this to the attention of your attorney or other legal professionals immediately. If the reason does not directly impact their safety or well-being, your child should attend visitations.

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