A stipulation is an agreement made by parties or by their attorneys in a judicial proceeding before the court. Stipulations are often made on procedural matters. Stipulations are also sometimes made regarding factual matters not in dispute in order to save time required in producing evidence in court.
There are two kinds of custody: legal custody and physical custody. Custody battles most often arise in a divorce or separation, requiring a court's determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18. When both parents share custody of a child after a divorce it is called joint custody. Joint custody may be either legal or physical custody. Physical custody, designates where the child will actually live, whereas legal custody gives the custodial person(s) the right to make decisions for the child's welfare. Child custody can be decided by a local court in a divorce or if a child, relative, close friend or state agency questions whether one or both parents is unfit, absent, dead, in prison or dangerous to the child's well-being. In such cases custody can be awarded to a grandparent or other relative, a foster parent or an orphanage or other organization or institution. In some jurisdictions, if a child is old enough, their preferences are taken into consideration.
The basic consideration on custody matters is supposed to be the best interests of the child or children. Mental anguish suffered by the child due to visitation or lack thereof is one factor that may be considered in determining a child's best interest. In most cases the non-custodial parent is given visitation rights, which may include weekends, parts of vacations and other occasions. The custody order may be modified if circumstances warrant.
South Carolina stipulation regarding joint custody of children is a legally binding agreement that outlines the specific terms and conditions under which parents will share the responsibilities and decision-making authority for their children after a divorce or separation. In South Carolina, there are two primary types of joint custody options available: 1. Joint Legal Custody: This type of custody involves both parents sharing the responsibility for making important decisions regarding their child's education, healthcare, religious upbringing, and general welfare. Each parent has the right to participate in these decisions and must consult with each other before making any major choices. 2. Joint Physical Custody: This arrangement allows both parents to have significant periods of physical custody with the child. It involves the child spending substantial amounts of time with both parents, ensuring that the child has regular and ongoing contact with each parent. The specific visitation schedule and time division may vary depending on the parents' circumstances and the best interests of the child. When parents opt for joint custody in South Carolina, they must create a stipulation agreement that covers various aspects related to the children's well-being and shared responsibilities. Some essential considerations and keywords in this stipulation may include: 1. Parenting Plan: The stipulation should include a detailed parenting plan that outlines how the parents will make joint decisions, manage visitation schedules, and resolve any disputes or conflicts that may arise. 2. Visitation Schedule: The agreement will establish a specific visitation schedule, including weekdays, weekends, holidays, and school breaks. Flexibility and accommodation for special occasions can also be mentioned. 3. Child Support: Joint custody does not absolve either parent from the responsibility of financially providing for the child. The stipulation should address how child support will be calculated and allocated, considering each parent's income, financial resources, and the child's needs. 4. Medical and Healthcare: The stipulation should clarify the process for medical decision-making, including the responsibility for obtaining medical insurance coverage, scheduling doctors' appointments, and sharing healthcare expenses. 5. Education: Educational concerns also need to be addressed in the stipulation. This includes determining which school the child will attend, who will be responsible for parent-teacher conferences, and how educational decisions will be made. 6. Relocation: If one parent plans to relocate with the child or intends to move a significant distance away, the stipulation should outline the procedures and arrangements that must be followed in such cases. 7. Communication: Maintaining effective communication between parents is crucial for successful joint custody. The stipulation may include provisions for regular communication methods, such as phone calls, emails, and access to digital communication platforms. To ensure the South Carolina stipulation regarding joint custody of children is legally valid and enforceable, parents are strongly advised to consult with an experienced family law attorney who can provide guidance and help draft the agreement.
