South Carolina Paternity Law and Procedure Handbook
Description Sc Paternity Order
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Sc Paternity Agreement FAQ
When the Child is Younger than 12 In most instances, South Carolina is not going to allow children under the age of 12 to voice their preference about which parent they would like to live with. Most courts will see the child too young to make the decision.
Section 63-17-20(B) states that the natural mother has sole custody in the case of a child born out of wedlock.
For married parents, paternity is assumed at birth. For unmarried parents, paternity can be established through a paternity acknowledgement at the hospital or at DHEC Vital Records (or any county health department) after leaving the hospital.
Section 63-17-20(B) states that the natural mother has sole custody in the case of a child born out of wedlock.
In marriage, parents in South Carolina have equal power, rights, and duties regarding their children. However, under South Carolina child custody law, divorce can drastically change that. In addition, if the parents were never married, then custody is solely with the mother unless the father goes to court.
50% of children born in South Carolina are born to unmarried parents. When a child is born out-of-wedlock in South Carolina, the biological father has no legal rights or connection to the child until he establishes legal paternity.
Once you establish legal paternity, the mother cannot move away with the child over the father's objection without leave of court. However, if you do not establish paternity, the mother can move away or deny visitation rights, regardless of the father's objections.
To voluntarily establish paternity, both the father and mother must sign what's called a Voluntary Paternity Acknowledgment. This is often done at the hospital or birthing center when the child is born. Completing the Voluntary Paternity Acknowledgment at the hospital is free.
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.