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South Carolina law has no presumption favoring mothers over fathers or fathers over mothers in child custody cases.
The parent committed domestic violence or assault and battery that resulted in the child's death or admission to the hospital for in-patient care, A parent is convicted of the murder of the child's other parent, The child was conceived as the result of a rape (criminal sexual conduct), or.
Parents can share physical and/or legal custody, or one parent may have sole physical or legal custody. Joint custody in South Carolina means that both parents have frequent contact with their children and have an equal say in the child's upbringing.
Generally speaking, if the child is younger than 12 years old, the court will likely not heavily weigh the child's preference. When a child is between 12 and 14 years of age, a court will weigh the preference more heavily, but the court will not necessarily make a decision based on that preference.
As an unmarried Mother, you have total rights to your child, and you can allow the child's Father or relatives to see him or her (or not to) at your discretion.
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.
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.
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.
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.