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Prior to the age of 18, the court and the state does not consider minors to have the capability of making a full determination of where they want to establish their residency. Therefore, the age of majority is the only age in which they can make such a decision.
While there is no precise age in which the child can choose, South Carolina family court judges are likely to give more weight to an older child's preference based on his or her maturity, judgment, and ability to make reasonable decisions.
Many clients ask me whether there is an age can a child have to be to refuse visitation. Under South Carolina's family laws, there is no set age at which a child can refuse to go visit with the other parent.
If the child is under 12, most courts will not allow the child to voice their preference. Once the child is 14, the court will take the child's preference with more weight.
Each parent is entitled to know where the children are during visitations. They should also know if the children are left with other people such as babysitters or friends when the other parent is not there.
In Texas, if a child's parents are unmarried, the mother has automatic custody rights over the child, both physical and legal. Meanwhile, an unmarried father has extremely limited rights, even if his name is on the birth certificate.
When filing for sole custody in South Carolina, a parent may file as part of a divorce or paternity proceeding. Both of these options require a petition that requests full custody of the child and gives reasons to grant the request.
In South Carolina, a child does not get to choose which parent to live with, but the family court may consider the child's preference. This article examines all of the factors involved in deciding whether a child's preference carries any importance with a family court judge.