The custody laws for unmarried parents in South Carolina and in other states provide that single mothers will typically be awarded full legal and physical custody of their child. If the child’s mother was not married when the child was born, they also get all of the legal rights associated with being a custodial parent.
A child’s mother will be named the custodial parent when their biological father was not listed on their birth certificate, and they did not ask for any rights over the child at birth. If the biological father did not try to establish their paternity, the child’s mother will be the only one who has a claim to the child.
When a biological father asks for rights over their child, such as visitation or custody rights, it may cause custody issues. Biological fathers may request these rights even when they were not married to the child’s mother.
When a court in South Carolina is handling a case that involves a child, the court will follow the child’s best interests standard. The child’s mother can ask for sole physical and legal custody rights if they think the father is not able or fit to care for their child.
To find out more about single mother custody rights in South Carolina, a child’s parent can schedule a legal consultation with a local South Carolina lawyer.
Are There Different Types of Child Custody?
There are multiple types of child custody that a parent may be awarded. The court will order a custody arrangement that it believes will be in the best interests of the child.
The possible custody arrangements parents may be awarded include:
- Joint custody
- Sole custody
- Legal custody
- Physical custody
A parent may also be awarded variations of these categories, for example, joint legal custody or joint physical custody.
Joint custody
With joint custody, parents share all of the responsibilities of raising their child. When the parents have joint custody, it means that they may have joint legal custody, joint physical custody, or both.
Sole custody
If a child’s parent has sole custody, it means they are given most of the rights over the child. However, if the court deems it necessary to award sole custody to one of the parents, the other parent will usually have generous visitation rights.
When both of a child’s parents are involved in the child’s life, sole custody is not typically awarded. Typically, sole custody is more commonly given to single parents.
Legal custody
With legal custody, both of the parents have the right to make decisions about their child, such as their:
- Education
- Healthcare
- Religious practices
Physical custody
Parents who have physical custody will be the parent with whom the child will live. The parent with custody is responsible for the daily needs of the child, including their clothing, food, and daily transportation to school and necessary appointments.
Parents can also have equal physical custody. In these situations, children will reside with each of their parents for an equal amount of time in a year.
Who Determines Child Custody?
In most cases, child custody is determined in one of two ways, either by the court or by the child’s parents coming to an agreement. When the court makes a child custody determination, it will be done following the child’s best interests standard.
If the child’s parents reach their own agreement on the custody arrangement they prefer, their lawyer can draft a custody agreement outlining each parent’s responsibilities and rights related to their child. This allows the parents to take into account their unique circumstances and their schedules.
Agreements can cover any aspect of the custody arraignment, such as which of the parents will have primary custody and the visitation schedule for the other parent. The agreement will need to be approved by the court before it will be legally binding.
Reaching their own agreement can take away some of the stress of having a third party who is not familiar with their life circumstances making important decisions about their lives and case. Courts usually approve custody agreements made by parents because they will be more likely to follow the order when it fits their needs.
Can a Father Take a Child Away From the Mother?
In most situations, biological fathers are not permitted to take their children away from their mothers, as it may be considered a parental kidnapping. A court will make any child custody decisions in South Carolina under the child’s best interests standard when deciding these types of cases, as discussed above.
When the mother of the child is determined to be unfit, the child’s father may not immediately get sole custody or the right to take the child. The parents will first have to follow the formal legal requirements to get their child, including a hearing and court order.
The only time when children are typically immediately removed from their mother’s care is when they are in danger. A court may award custody to the child’s father when the mother:
- Is a danger to the child
- Has passed away
- Wants to sign away her parental rights
Under the child’s best interests standard, a court will usually consider:
- The age of the child
- The employment and financial states of both parents
- The child’s medical, physical, and emotional needs
- The lifestyles of each parent
- The emotional states of each parent
Can I Move With My Child Without the Father’s Permission?
If a child’s mother is considering a move, whether in the same town or a different state, they should ask for a modification of the custody order or agreement from the court. This may occur if a parent gets a new or better job.
When the new job requires a move, the parent may be able to argue that it will be in the child’s best interests because they will be able to provide for the child better. Parents are usually not permitted to move outside of the state without a court’s permission.
When a parent is moving out of the state and does not obtain permission first, they may have issues under interstate child custody laws. If a parent moves without first getting permission, they may face losing custody rights and even face jail time.
However, in situations where the child’s mother was never married to the child’s father and there is not a court order in place, the mother can move to any place at any time.
Do I Need a Lawyer for Help With Child Custody Matters if I Am a Single Mother?
If you are a single mother in South Carolina and you have questions about your custody rights, a South Carolina child custody attorney will be able to give you advice and represent you in court. Your lawyers will help you understand South Carolina custody laws, protect your parental rights, and assist you in obtaining your desired outcome.
You can easily locate a child custody lawyer near you in only around 15 minutes using LegalMatch’s free attorney matching services. In around 24 hours after you submit your concern on the website, lawyers will respond who can help you resolve your child custody concerns.
