A parenting plan in South Carolina is a written document required under S.C. Code § 63-15-220 that allocates parenting time and major decision-making for a child. At every contested temporary custody hearing, each parent must file one. The family court filing fee is $150, and courts apply the 17 best-interest factors in § 63-15-240.
Key Facts: Parenting Plans in South Carolina
| Fact | Detail |
|---|---|
| Filing Fee | $150 (Summons and Complaint), uniform across all 46 counties |
| Waiting Period | 90 days minimum from filing to final hearing; 1-year separation for no-fault grounds |
| Residency Requirement | 3 months (both spouses SC residents) or 1 year (one spouse) under S.C. Code § 20-3-30 |
| Grounds | 5 grounds under S.C. Code § 20-3-10: adultery, desertion, physical cruelty, habitual drunkenness, 1-year separation |
| Property Division Type | Equitable distribution (not community property) |
| Governing Statute | S.C. Code § 63-15-220 (parenting plans) |
| Best-Interest Factors | 17 factors under S.C. Code § 63-15-240 |
What Is a Parenting Plan in South Carolina?
A parenting plan in South Carolina is a written document, required under S.C. Code § 63-15-220, that reflects each parent's preferences, the allocation of parenting time with each parent, and how major decisions about the child will be made. The statute became effective August 17, 2012, through Act No. 259.
The parenting plan South Carolina courts review covers four mandatory categories of major decisions: the child's education, medical and dental care, extracurricular activities, and religious training. At every temporary hearing where custody is contested, each parent must prepare, file, and submit a parenting plan to the court. Parents may also elect to file a single joint parenting plan together. The court issues temporary and final custody orders only after considering these plans, though a parent's failure to submit one does not prevent the court from issuing an order. This requirement makes the parenting plan the central organizing document in any contested South Carolina custody case, functioning as both a negotiation framework and the blueprint for the final court order.
What Must a South Carolina Parenting Plan Include?
A South Carolina parenting plan must address parenting time allocation and four categories of major decisions: education, medical and dental care, extracurricular activities, and religious training, per S.C. Code § 63-15-220. A complete custody agreement also specifies residential arrangements and how parents will communicate about decisions under § 63-15-240.
While the statute sets the minimum, a strong custody agreement goes further to prevent future disputes. A thorough parenting plan South Carolina judges are more likely to approve typically includes the following components:
- Physical custody and residential schedule (where the child sleeps each night)
- A detailed co-parenting schedule, including weekday, weekend, and overnight rotations
- Holiday and school-break parenting time schedule (Thanksgiving, winter break, spring break, summer)
- Decision-making authority for education, healthcare, activities, and religion
- Transportation and exchange logistics, including pickup and drop-off locations
- A communication method between parents (apps such as OurFamilyWizard are common)
- Provisions for telephonic and electronic contact under S.C. Code § 63-15-250
- Equal access to educational and medical records under S.C. Code § 63-15-260
- A dispute-resolution process and a relocation clause
The more specific the visitation schedule, the fewer opportunities exist for conflict after the divorce is finalized.
Joint Custody vs. Sole Custody in South Carolina
South Carolina recognizes both joint custody and sole custody under S.C. Code § 63-15-210. Joint custody means both parents share equal rights and responsibilities for major decisions, while sole custody grants one parent those decision-making rights. Courts may also award hybrid arrangements, designating one parent to decide specific issues while sharing all others.
Under § 63-15-230, when custody is contested or either parent requests joint custody, the family court must consider all custody options and state its reasoning in the final order. A common misunderstanding is that "joint custody" automatically means a 50/50 co-parenting schedule. In South Carolina, joint legal custody (shared decision-making) is separate from the physical parenting time schedule. The court may award joint legal custody while one parent serves as the primary residential parent, with the other parent receiving a defined parenting time schedule. South Carolina abolished the "Tender Years Doctrine" under S.C. Code § 63-15-10, so no gender-based presumption favors the mother. The controlling standard in every case is the best interest of the child.
The 17 Best-Interest Factors Courts Apply
South Carolina family courts evaluate parenting plans against 17 best-interest factors codified at S.C. Code § 63-15-240(B), enacted in 2012. These factors include the child's developmental needs, each parent's capacity to meet those needs, the child's reasonable preference, and any history of domestic violence or abuse. The list is not exhaustive, and courts may weigh additional factors.
The statute uses permissive language, meaning courts are not required to address all 17 factors in every case. Instead, judges focus on the factors most relevant to the dispute. Key factors include: the temperament and developmental needs of the child; the capacity and disposition of each parent to meet those needs; the preferences of each child; each parent's actions to encourage a continuing relationship with the other parent; whether either parent manipulates or coerces the child into the dispute; the mental and physical health of all involved (a disability alone is not determinative); whether the child or a sibling has been abused or neglected; whether one parent has perpetrated domestic violence or child abuse; and whether one parent has relocated more than 100 miles from the child's primary residence in the past year. The child's reasonable custody preference is also considered under S.C. Code § 63-15-30.
Step-by-Step: Creating Your Parenting Plan
Creating a parenting plan in South Carolina follows a defined sequence tied to the family court process. Most contested cases involve a temporary hearing within weeks of filing, where each parent submits an initial plan, followed by negotiation, possible mediation, and a final hearing no earlier than 90 days after filing the $150 divorce complaint.
The practical steps for building your custody agreement are:
- Gather the child's schedule details: school calendar, activities, medical providers, and current routines.
- Draft your proposed parenting time schedule, covering weekdays, weekends, holidays, and summer.
- Address each of the four mandatory decision categories: education, healthcare, activities, and religion.
- File your parenting plan before the temporary hearing if custody is contested, per § 63-15-220.
- Negotiate with the other parent, ideally producing a joint parenting plan to present to the court.
- Attend mediation if ordered; many South Carolina counties require it before a contested final hearing.
- Complete any mandatory parenting education class, typically costing $25-$100 per parent.
- Submit an updated plan at the final hearing if circumstances have changed.
- Obtain the judge's approval, which incorporates the plan into the final custody order.
A guardian ad litem may be appointed in contested cases to investigate and report on the child's best interest.
Costs and Timeline for South Carolina Custody Cases
The baseline cost to file a South Carolina divorce with a parenting plan is the $150 family court filing fee, uniform across all 46 counties. Additional costs include process server fees of $50-$100, mandatory parenting classes at $25-$100 per parent, and certified decree copies at $2-$5 each. Contested custody cases involving attorneys and a guardian ad litem cost substantially more.
| Cost or Timeline Item | Amount or Duration |
|---|---|
| Family court filing fee | $150 (As of January 2026. Verify with your local clerk.) |
| Process server fee | $50-$100 |
| Parenting education class | $25-$100 per parent |
| Certified decree copy | $2-$5 per copy |
| Fee waiver income threshold | At or below 125% of federal poverty guidelines (~$19,500 individual) |
| Minimum time to final hearing | 90 days from filing |
| No-fault separation period | 1 year of continuous separation |
| Guardian ad litem (contested) | Varies; often $1,500-$4,500+ |
Low-income filers may request a fee waiver by filing Form SCCA/400 (Motion and Affidavit to Proceed In Forma Pauperis). The official fee schedule is maintained by the South Carolina Judicial Branch at sccourts.org. Verify all amounts with your county Clerk of Court before filing, as fees and local requirements are subject to change.
Modifying a Parenting Plan in South Carolina
A South Carolina parenting plan can be modified after the final order, but the requesting parent must prove a substantial change in circumstances affecting the child's welfare that occurred since the last order. The same best-interest standard under S.C. Code § 63-15-240 governs modification, and the court will not change a working custody arrangement without sufficient justification.
Common grounds for modifying a co-parenting schedule include a parent's relocation, a significant change in work schedule, the child's evolving developmental needs, or concerns about a parent's fitness, such as substance abuse or neglect. Relocation is treated with particular care; under the best-interest factors, a parent moving more than 100 miles from the child's primary residence within the past year is a specific consideration, unless the move was for safety reasons. To modify a parenting time schedule, the moving parent files a motion or complaint for modification in family court. If both parents agree to changes, they can submit a consent order for the judge's approval, which is faster and less costly than litigation. Courts strongly prefer that parents resolve schedule adjustments cooperatively rather than returning to court for every disagreement.