Legal Rights of Unmarried Parents in South Carolina Child Custody Cases​

South Carolina's custody cases for children with unmarried parents present unique legal challenges. The reason is simple: Unmarried parents do not share the same presumption of parentage as married parents. 

In fact, most of them have to work extraordinarily hard to establish even the most fundamental legal presumption of parentage. At best, they labor through a maze of statutes, case law, and local court practices with inadequate or conflicting legal guidance. 

Unfortunately for them, the outcome is often not in their favor. That’s why it’s best to seek the services of an established family law practitioner in these cases. Remember, Howze Law Firm handles custody law. Here is a little bit about how these family law specialists help their clients dealing with custody cases:

Establishing Paternity

Determining paternity is one of the main issues in child custody cases involving unmarried parents. In South Carolina, if parents are not married when the child is born, the father does not get automatic legal rights to custody or visitation, even if he is the biological father. To establish legal paternity in this situation, a father must do one of these things:

Completing a Voluntary Paternity Acknowledgment

A father can establish a legal relationship with his child by signing a "Voluntary Paternity Acknowledgment" form. This serves as a vital step in connecting the child and parent legally.

Taking a Paternity Test

If paternity is in question, either parent can file a petition in family court asking for a paternity test. The court may require that genetic testing be done to verify that the individuals it names are in fact the biological parents. If the test shows that the man is the father, he is then in a position to seek either custody of or visitation with the child.

Custody and Visitation Rights

In South Carolina, the law recognizes two varieties of custody: legal custody and physical custody. Legal custody means the power to make significant life decisions for the child, covering areas such as education, healthcare, and religion. Physical custody concerns the child's primary residence. And don’t worry if all of this seems a little confusing; Howze Law Firm handles custody law.

• Single Custody: At the birth of a child to unmarried parents, the mother has single custody by default, but only until paternity has been legally established. 
• Joint Custody vs. Sole Custody: Joint custody allows both parents to share decision-making responsibilities. Sole custody gives one parent the primary authority to make decisions for the child. 
• Visitation Rights: The noncustodial parent may be granted visitation rights if the child’s best interests call for a continuing relationship with both parents. 

Best Interests of the Child Standard

In South Carolina, decisions concerning child custody are determined by the standard known as the "best interests of the child." The court takes into account a number of considerations, such as:

• The child’s emotional and physical welfare
• A parent's capability to offer a stable home environment
• The association of the child with each parent
• Each parent's willingness to foster a bond between the child and other parent
• A past marked by any form of mistreatment, abandonment, or addiction to drugs

The court does not favor one parent over the other based on gender; rather, the judge examines all the circumstances to ensure the child's welfare.

Child Support Obligations

Both mother and father must support their child financially, whether they are married or not. After paternity has been established, the parent who usually pays child support is the one who does not have primary custody. South Carolina Child Support Guidelines take into account:

• The income of each parent
• The expense of daycare and medical attention
• Other monetary commitments

If You Are Dealing with a Family Case Howze Law Firm Handles Custody Law

In South Carolina, unmarried parents have to follow certain legal steps to be recognized as having custody, visitation, and support rights that pertain to their children. For a father to be legally recognized, he must first prove paternity. After that, the next step is for both parents to work together to secure a custody arrangement that meets the child's best interests. 

If for some reason a custody arrangement cannot be worked out, then the next best thing is to have the child support/visitation rights situation clarified by the court, and that is best achieved with the help of a legal representative.