While it may be true that we share a professional football sports team Carolina Panthers, North Carolina and South Carolina have a few significant differences when it comes to family law – especially in terms of child custody.
Temporary Child Custody Hearings
I am sure that when you imagine going to court to discuss with the Judge who should have custody of your child for the first time, you are expecting to be able to testify and talk with the Judge about what you feel is appropriate for your child. In North Carolina, that would be true. Live testimony is taken and evidence is presented should a temporary child custody hearing be heard by a Judge. Some would describe it was a mini trial – lasting anywhere from half an hour to a couple hours.
However, in South Carolina, you would be disappointed, because temporary hearings for child custody are conducted by written affidavit only. Meaning, you are required to turn in notarized statements and supporting documents to the Judge. Only these documents are relied upon by the Judge to determine a temporary custody arrangement. There is no live testimony and the hearing is generally less than 30 minutes long. This documentation can be shared with the other party right before the hearing, and there are additional rules for how many pages you are allowed to include in this packet. The same packet is to be shared with the Judge for them to review during the brief hearing. Some Judges will allow a few brief remarks to be made prior to their review of the information provided to them; however, this does not include testimony or a formal presentation of evidence from either parent.
Temporary Orders
The result of the temporary child custody hearing in South Carolina will be in place for up to a year. After that, if a final resolution has not been reached or a final hearing has not been requested or scheduled, the temporary order expires and is no longer enforceable.
In North Carolina, in contrast, a temporary child custody order could become a permanent order due to the passage of time.
Physical Custody of Children
Generally, North Carolina courts will start from a shared physical custody arrangement, and many judges view a 50/50 arrangement as best for the children. A common physical custody schedule is either a 2-2-3 schedule or week-on/week-off schedule that creates a 50/50 parenting arrangement (assuming it is possible due to the unique circumstances of the children and parents).
In contrast, joint physical custody is not favored in South Carolina. South Carolina is reluctant and rarely provides joint (50/50) physical custody of the children. Rather, a South Carolina Judge will often provide one parent primary custody and the other parent with visitation rights or secondary custody for the children.
We may have similar names and share a sports team, but think again about the Courts addressing issues in Family Law the same in North Carolina and South Carolina.
If you or someone you know is going through a custody matter in North Carolina or South Carolina (possibly both), our Modern Legal Team is here to help.
Please note: these educational materials are based on North Carolina law and South Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Tiffany A. Byrd
