Preparing for Child Custody Mediation in South Carolina
The best way to prepare for child custody mediation in South Carolina is to organize your court papers, schedules, and a written parenting plan, then connect each request to your child’s day-to-day needs. The Laubshire Law Firm, LLC, represents parents in child custody cases in Columbia and throughout Richland County and the Midlands.
Does South Carolina Require Mediation in Custody Cases?
Under the South Carolina Court-Annexed Alternative Dispute Resolution Rules, contested issues in domestic-relations cases are generally subject to court-ordered mediation unless an exception applies. The parties must complete mediation and file proof of ADR before a merits hearing can be scheduled.
Mediation gives parents a structured opportunity to work toward an agreement without asking a judge to decide every disputed issue. The mediator facilitates negotiations but does not impose a custody arrangement.
What to Bring to a Custody Mediation Session
A mediator can work more efficiently when each parent brings organized information. Useful materials may include:
- Temporary orders, pleadings, prior agreements, and other relevant court documents
- School calendars, work schedules, activity schedules, and holiday dates
- A proposed parenting plan with weekly schedules, holidays, exchanges, and communication terms
- Notes about practical issues that affect the child’s routine, such as transportation, medical appointments, and extracurricular activities
If the parents reach an agreement, the terms generally must be submitted to the family court for approval before they become part of an enforceable order.
How the Guardian ad Litem Fits Into Mediation
A guardian ad litem (GAL) may be appointed in a disputed custody case to investigate facts relevant to the child’s best interests. Under S.C. Code § 63-3-830, a GAL may review relevant records, interview people with knowledge of the case, and submit a written report to the court and parties.
The final written report is generally due at least 20 days before the merits hearing unless the court modifies the deadline, and it ordinarily cannot be submitted later than 10 days before the hearing. The report cannot recommend which parent should receive custody unless the court specifically requests a recommendation on the record.
Keeping Mediation Focused on Your Child
Proposals are more useful when they focus on the child’s actual schedule and needs rather than past conflict between the parents. Consider addressing:
- School routines and transportation
- Medical and counseling appointments
- Holiday and summer schedules
- Exchange locations and times
- How parents will communicate about the child
The mediator’s role is to help the parents explore possible agreements, not to decide which parent is right or wrong.
Prepare for Mediation as You Would for a Hearing
A mediation agreement can shape your parenting schedule for years, so preparation matters. Our attorneys can help you organize your priorities and develop a proposal based on your child’s needs before the session. Call (803) 708-4755 or contact us online to schedule a free consultation.
