Visitation can be reasonable or restricted. Restricted visitation
generally means the visitation is supervised and/or confined to a particular
place and time. Since the Family Court encourages liberal and frequent
visitation by a parent, compelling reasons have to be shown to
restrict visitation. Visitation Orders can be general or very
specific depending upon the parents' ability to work together to solve problems
as they arise. Visitation Orders should also accommodate the geographic
separation of the parents.
Joint custody is a term of art and has no exact meaning since under South
Carolina law, both parents have access to a child's medical and
educational records. Primary focus should therefore be on ensuring that
visitation provisions are fair, reasonable and enforceable.
If disputes arise over visitation, the Court will appoint a Guardian Ad
Litem to represent the minor child (See the Guardian Ad Litem FAQ). To assist the parties in resolving visitation disputes, the Court
may also order or recommend mediation (See the Child Custody and Family
Court FAQs). The visitation provisions of a Family Court Order can
be enforced through a Rule to Show Cause (See the Rule to Show Cause FAQ).
Visitation provisions can be modified upon showing a significant change in
circumstances.
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