South Carolina custody laws are based on the “best interests of the child.” In following this standard, the courts evaluate each parent’s ability to provide a safe and nurturing environment. Unfortunately, your ability to provide stability to your child will be questioned if you are facing drug charges. Even if your charge was dismissed or a not guilty verdict was rendered, a drug charge is bound to affect your custody rights.
Facing drug charges alone can be overwhelming, especially when compounded by the threat of losing access to your child. At Eppes & Plumblee, we believe that children benefit greatly from having both parents in their lives, regardless of past transgressions. If you are seeking tenacious representation in the midst of a custody battle, our drug charge defense lawyers in Greenville, SC, are available to speak with you.
The Impact of Drug Charges on a Custody Case
Seeking custody involves more than fighting to spend time with your child. It also consists of the ability to make crucial decisions in one’s life. If you are facing drug charges, the more evidence against you, the greater your risk of losing custody and visitation rights. The likelihood of losing your custody case only increases if you were convicted and were forced to serve time. Coupled with other issues, such as neglect or abuse, your custody rights may be further compromised.
The Severity of Your Punishment
Drug charges range in severity, with the type of drug involved heavily impacting your case. For instance, being charged with methamphetamine, heroin, or fentanyl will carry a harsher sentence than if you are found in possession of marijuana. However, previous offenses can increase your punishment, making the court less likely to consider granting you custody favorably. Fighting for your rights in this situation can be an arduous process, requiring that your parental capabilities be highlighted. This can be better accomplished if you receive a more lenient sentence or if the criminal charges against you are dismissed.
South Carolina’s Best Interests of the Child Standard
Your ability to make decisions regarding your child’s welfare (i.e., legal custody) and to spend time with your child (i.e., physical custody) is based on the state’s best interests of the child standard. Codified as SC Code §63-15-240, the most important factors include:
- Your child’s developmental needs
- The capacity and ability of each parent to understand and provide for their child’s needs
- Your child’s preferences (with children 12 years old and over generally being given more say)
- Each parent’s preferences regarding custody
- The past and current relationships the child has with their immediate family members
- Each parent’s compliance with court orders and encouragement in fostering the relationship between the child and the other parent
- Each parent’s ability to be an active participant in their child’s life
- The stability of the child’s current and proposed residences
- Whether either parent has committed domestic violence in the presence of the child, or if the child was the victim of said abuse
- Whether either parent has relocated more than 100 miles away from the child’s primary residence in the last year, barring safety reasons
- Any other factors the court deems relevant
Why You Need a Drug Charge Defense Attorney
Defending drug charges requires that you have a deep understanding of the legal system. Judges are more likely to award you custody of your child if you are facing misdemeanor drug charges versus felony charges (or a lesser sentence in general). To help you achieve the best possible outcome, you need experienced representation.
At Eppes & Plumblee, our legal team has years of experience advocating for parents who are up against drug charges. We will work tirelessly to negotiate a plea deal that meets your needs and moves you that much closer to retaining your parental rights. With all the stress that you are experiencing, let us worry about navigating the complexities of the court system.
Reach Out to Our Greenville Drug Charge Defense Attorneys
As a parent, you understandably want what is best for your child. Not being able to spend time with your child is far from that. If you are in the midst of seeking custody while also defending a recent drug charge, do not hesitate to contact our Greenville drug charge defense lawyers.
For over 25 years, Eppes & Plumblee has provided compassionate and aggressive counsel to our clients and is ready to work on your behalf. To arrange your confidential case review, contact us online or call (864) 581-3450 today.