What Is a “De Facto Custodian”?

A “de facto custodian” usually means a person who has been shown by clear and convincing evidence to have been the primary caregiver for and financial supporter of a child who has (1) has resided with the person for a period of six months or more if the child is under three years of age; or (2) has resided with the person for a period of one year or more if the child is three years of age or older.

SECTION 63-15-60 of the S.C. Code of Laws. However, in order to be considered a de facto custodian of a child, the family court judge must determine by clear and convincing evidence that the person meets the definition of de facto custodian with respect to that child. If the court determines a person is a de facto custodian of a child, that person has standing to seek visitation or custody of that child.