Enforcing a Child Custody Order in South Carolina
When a parent violates a custody order in South Carolina, the other parent may ask the family court to enforce the order through a Rule to Show Cause. The Laubshire Law Firm, LLC, represents Columbia families in child custody and parenting time enforcement matters before the Richland County Family Court.
How a Rule to Show Cause Works in Family Court
A Rule to Show Cause is a contempt proceeding that asks the court to determine whether a party failed to obey an existing order. The person seeking enforcement should identify the order, the specific conduct that violated it, and the evidence supporting the claim. The other parent has an opportunity to respond and explain the circumstances.
A contempt finding generally requires proof that the violation was willful. Evidence that a parent was genuinely unable to comply can be important to the court’s analysis.
Penalties for Violating a Custody Order
If the family court finds contempt, the available response depends on the circumstances and the relief requested. Possible consequences can include:
- Contempt sanctions: Under S.C. Code § 63-3-620, an adult found in contempt may face a fine of up to $1,500, a public-work sentence of up to 300 hours, imprisonment in a local detention facility for up to one year, or a combination.
- Make-up parenting time or other provisions designed to enforce the existing custody schedule
- Attorney’s fees or other financial relief when authorized by law and supported by the circumstances
- Custody modification when repeated conduct contributes to a substantial change in circumstances affecting the child’s welfare
- Criminal charges in more serious conduct covered by S.C. Code § 16-17-495, which addresses custodial interference involving a child under 16.
Evidence That Can Prove a Violation
Family court judges need reliable records showing what the order required and what actually happened. Useful evidence can include:
- Messages from co-parenting apps such as OurFamilyWizard or TalkingParents
- School attendance and pickup records
- A dated calendar of missed or shortened exchanges
- Police incident numbers or reports related to failed exchanges
- Receipts or travel records showing costs caused by a missed exchange
Keep notes factual and tied to dates, times, and specific provisions of the order. Long arguments between parents are usually less useful than a clear record of what was required and what occurred.
When Violations Can Justify Changing Custody
A parent seeking to modify custody generally must show a substantial change in circumstances affecting the child’s welfare after the existing order. One isolated late exchange usually carries less weight than a documented pattern of denying parenting time, interfering with communication, or refusing to follow major custody provisions.
The court will still evaluate whether the requested custody change serves the child’s best interests rather than using modification simply as punishment for a parent.
Enforce Your Custody Order
A custody order is most useful when you clearly document violations and address them through the proper court process. Our team includes a former prosecutor and former law enforcement officers who know how to organize evidence and prepare for contested hearings. Call (803) 708-4755 for a free consultation, or contact us online to have your records reviewed.
