In South Carolina, it may be challenging to establish custody rights for parents who are not married. The unmarried father of a child must establish paternity before he may seek custody or visitation rights.
When a child is born to parents who are not married to each other in South Carolina, the child custody laws for unmarried parents provide that the mother has sole custody and the legal authority to make all decisions regarding the child’s upbringing. The father would have to go to court to get custody or visitation rights and, if his paternity is not established, to establish his paternity.
A local attorney in South Carolina would be able to provide more information about establishing paternity.
If a father only signs a child’s birth certificate and does not submit a completed Paternity Acknowledgement Affidavit, their paternity is not legally established in South Carolina.
In South Carolina, there are 4 ways in which a father may establish his legal paternity as follows:
- Paternity Acknowledgment Affidavit: The parents may complete this form and file it at any time after the baby is born. It is best to do it as soon after the child’s birth as possible. If both parents sign it at the birth of the child, it acknowledges that the father is the biological parent of the child. After signing, parents must file the affidavit with either the South Carolina Department of Health and Environmental Control (SCDHEC) or the health department in the county in which the child was born.
- If either parent wants genetic testing, neither of them should sign it before test results are available. Genetic testing can be obtained by parents from their local child support agency.
- Non-Custodial Parent Application for Child Support Service: Fathers may establish their paternity without the mother by submitting a completed Non-Custodial Parent Application for Child Support Services. The application is available online and at local child support offices for the South Carolina Department of Social Services (DSS). After the father submits the completed application and a processing fee, DSS can perform a DNA test to establish the father’s biological paternity. The mother’s involvement is not required.
- Court Ruling: If a man is named as the possible father and does not agree, or if he claims to be the father of a child and the mother does not agree, a court hearing may be scheduled, and after the hearing, the court will make the paternity decision.
- Custodial Parent Application for Child Support Services: The mother can file a Custodial Parent Application for Child Support Services and request genetic testing if the father does not agree to establishing his paternity.
- Paternity Based on Genetic Testing: A man can be conclusively determined to be a child’s father if genetic testing establishes his paternity. Testing can be done by a county child support agency. Both parents must be at least 18, and there must be no other paternity presumption.
Establishing paternity does give a biological father the right to be listed on a child’s birth certificate. It also obligates him to pay child support. However, in South Carolina, establishing paternity does not automatically give an unmarried father the right to visitation or custody. A local attorney in South Carolina would be able to provide more information.
Can an Unmarried Father Take a Child from the Mother?
It is possible that an unmarried father, instead of the child’s mother, would be able to win sole physical and legal custody of a child in South Carolina, but it is unlikely. As noted above, the father would first have to establish his paternity. Then, a South Carolina court would apply the child’s best interest standard when deciding on custody and visitation.
The father would have to petition the court to get sole custody. This would mean proving that it would be in the child’s best interests for the father, and not the mother, to have sole custody. This would be challenging, and South Carolina courts presume that it serves the best interests of the child to have both of their parents involved in their life. A father who wants to adjust custody would do well to have a legal consultation with a South Carolina lawyer for guidance.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
In South Carolina, courts apply the “best interests of the child” standard when making child custody decisions. This is also the case when the parents are not married to each other. In addition, as noted above, courts presume that it serves the best interests of the child for both parents to be involved in their child’s upbringing.
The parental rights of unmarried fathers depend on several factors that relate to the child’s best interests standard. These would include the following:
- The character and quality of the father’s relationship with the child
- The emotional, physical, and financial fitness of each parent
- Each parent’s living situation
- Whether either parent has a history of child abuse
- Whether either parent has a history of domestic violence
- Whether either parent has substance abuse issues.
These are not the only factors, of course, but just a few of the factors that a court would think are relevant when deciding on custody and visitation.
What Are Some Other Issues That Unmarried Parents May Experience?
It is important to keep in mind that unmarried parents may always negotiate a parenting agreement for themselves. They may refer to it as a “parenting agreement,” a “parenting plan,” or a “joint custody schedule.” The agreement would contain information about how the parents would manage custody of the child, visitation, child support, and other issues regarding the care of the child.
The agreement would want to address both kinds of custody, physical and legal. Physical custody is where a child lives, whether primarily with one parent or equally with both. Legal custody determines which parent makes key decisions about the child’s upbringing, such as education, religion, health care, and the like.
Both kinds of custody can be sole or joint. For legal custody, sole custody would mean that one parent would make the decisions regarding the child’s upbringing. For joint or shared legal custody, the parents would collaborate on decision-making.
For physical custody, sole custody would mean that a child would reside with one parent, and the other would have visitation. Or the child would live for some period of time with both parents on a regular basis in a joint or shared custody arrangement.
A good parenting plan would include processes for the parents to use in making decisions together if that is their wish. The plan could provide that one parent or the other would have the last word on decision-making if a disagreement cannot be resolved. It might also include provisions for how the plan may be changed.
Of course, a complete parenting plan would have to address the issues of child support and how all of the costs associated with child-rearing would be paid by the parents. It would also state how agreements regarding finances might be changed.
Attorneys may help unmarried couples negotiate a parenting plan. Mediation might also help unmarried parents design a plan that works for them. The main goal is for the parents to agree on all plan terms. They may then submit it to the court. The court would review the plan. If the court thinks it serves the best interests of the child, they would approve it and make it a court order in the future.
Do I Need an Attorney for Help with Child Custody Issues Between Unmarried Parents?
If you are not married to the other parent of your child, or even if you are and you have custody issues, you want to consult a South Carolina child custody lawyer. LegalMatch.com can quickly connect you to a lawyer who can review the facts of your case and advise you on how to get the solutions you seek.
