How to modify child custody and parenting time in South Carolina

Sources last checked 8 November 2026. Information only, not legal advice. South Carolina’s custody statute, S.C. Code 63-15-240, says courts must consider the child’s best interest when issuing or modifying a custody order, but the two-part test for changing a custody order comes from case law. This page rests on the text of Chapter 63-15 (the 2025 Code of Laws archive on the South Carolina Legislature’s site) and on two court opinions that state the test: the Court of Appeals’ 2023 opinion in Fossett v. Fossett and the Supreme Court’s 2004 opinion in Latimer v. Farmer, which Fossett quotes and which we also read directly on FindLaw. Read what we could not confirm below.

South Carolina divorce kit Child custody in South Carolina Modifying child support and spousal support in South Carolina After your divorce: changing a support or custody order

The short version

To change custody in South Carolina, Fossett (quoting the Supreme Court’s Latimer v. Farmer) says a parent seeking a change must establish “a substantial change in circumstances affecting the welfare of the child” and “a change in custody is in the overall best interests of the child”. The change must have occurred after the latest custody order, and the parent asking carries the burden. The child’s wishes count but are “not controlling”. The statute then supplies the best-interest factors in 63-15-240(B), including a factor for a parent who has moved more than 100 miles. For changing child support or spousal support, see modifying child support and spousal support in South Carolina.

The two-part test from the case law

Both parts required. A substantial change in circumstances affecting the child’s welfare, and a change in custody that serves the child’s overall best interests.
Timing and burden. The change must have occurred after the order in question. In Fossett the court said the father, as the parent seeking modification, bore the burden of proving a substantial change that “occurred after the latest custody order”.
Child’s preference. The opinion says a child’s reasonable preference is a factor but “it is not controlling”. Its weight depends on age and circumstances, and is offset by things like a parent’s manipulative behavior. In Fossett the court gave little weight to a ten-year-old’s preference, in part because the father had shown the children his email exchanges with the mother, which the guardian ad litem treated as manipulation.
New household. The father also argued that his remarriage and new family environment were a change in circumstances. The court said “remarriage alone is not sufficient to warrant modification of a custody decree”, found the children equally well served in the mother’s care, and affirmed the denial of modification.
Fit with the statute. The case describes the test as applied when a “non-custodial parent” seeks a change. We did not confirm how courts apply it when both parents share custody or when a parent seeks to reduce the other’s time.

Read directly: Latimer v. Farmer (S.C. 2004)

Changed circumstances are required. The Supreme Court said that for a court to grant a change in custody “there must be a showing of changed circumstances” occurring after the divorce decree.
What counts as a change. The change must be one that would “substantially affect the interest and welfare of the child”. The court also said a change in circumstances means that “sufficient facts have been shown” to conclude the change would serve the children’s best interests.
Same two parts. A non-custodial parent seeking a change must establish a substantial change affecting the child’s welfare and that a change is in the child’s overall best interests. In Latimer the mother “bears the burden of establishing both of these criteria”.
One side of the case. Latimer involved a mother asking to take custody from the father. We did not read how the Supreme Court treats a request from a joint or primary custodian.

The best-interest factors, S.C. Code 63-15-240(B)

Standard. “In issuing or modifying a custody order”, the court must consider the best interest of the child, a list the statute says is not exclusive. Section 63-15-230 adds that the final determination is made on the evidence, and the court may award joint custody or sole custody and allocate parenting time.
Parents and child. The temperament and developmental needs of the child; each parent’s capacity to understand and meet those needs; “the preferences of each child”; the wishes of the parents; and the child’s past and current relationships with each parent, siblings and others such as grandparents.
Conduct toward the other parent. Each parent’s actions to encourage the child’s relationship with the other parent, including compliance with court orders; “the manipulation by or coercive behavior of the parents”; and any effort to disparage the other parent in front of the child.
Stability and home. The child’s adjustment to home, school and community, and the stability of the existing and proposed residences.
Safety and health. The mental and physical health of everyone involved (a disability alone must not be determinative); whether the child or a sibling has been abused or neglected; and whether a parent has perpetrated domestic violence or child abuse.
Distance. Whether one parent has relocated “more than one hundred miles from the child’s primary residence” in the past year, unless the parent relocated for safety reasons.
Parenting plans. Under 63-15-220 parents file parenting plans at temporary hearings where custody is contested and may file updated plans at the final hearing. The court considers them but may still issue an order if a party fails to file.

Changing parenting time

Same statute, same motion. Section 63-15-230 lets the court allocate parenting time in the child’s best interest whatever the custody label, and 63-15-240(A) lists parenting plans and parenting time terms among what an order may include.
Lighter test? We did not find a separate statutory test for a parenting-time-only change and did not read case law on one, so do not assume it is easier than a custody change.

Out-of-state orders and where to file

Your state keeps the case, in general. Under 63-15-332, a South Carolina court that made a custody determination has exclusive, continuing jurisdiction until it determines that neither the child nor the parents have a significant connection with the state, or that they no longer live in the state.
Another state’s order. Under 63-15-334, a South Carolina court may not modify another state’s custody determination unless South Carolina has jurisdiction for an initial determination and the other state’s court no longer has it or has declined.

Forms and filing

Statewide form. We did not read a South Carolina form for a custody modification action. Plan on a written pleading filed in the Family Court that issued your order, with service on the other parent.
Where to ask. The Family Court clerk can tell you about local forms, rules and fees. See child custody in South Carolina.

What we could not confirm

Source of the test. The change-of-circumstances test comes from case law, not from the Children’s Code text we read. We read Fossett (Court of Appeals, 2023) and Latimer (Supreme Court, 2004). We did not read the older cases they quote, such as Stutz v. Funderburk, and we did not check for later decisions.
Joint custody and agreed orders. We did not confirm how courts apply the test to joint custody, to a custody order entered by agreement, or when the parent asking is the primary custodian.
Relocation. We did not find a statute governing one parent moving with the child. The 100-mile factor is a best-interest consideration, not a ban or a notice rule.
Other statutes. We did not read the Uniform Child Custody Jurisdiction and Enforcement Act sections beyond those cited, the Uniform Deployed Parents Custody and Visitation Act in full, or the family court rules.
Forms, fees and procedure. We did not confirm a statewide form, filing fees, fee waivers, mediation requirements or any waiting period.
Statute currency. We read the 2025 Code of Laws archive. We did not check for 2026 amendments.

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