(150+)Are you an unmarried parent in South Carolina? You are certainly not alone. Indeed, the Centers for Disease Control and Prevention (CDC) estimates that 45 percent of children born in our state have unmarried parents. It is crucial that unmarried parents have a full understanding of their rights and their responsibilities—especially if they are separated from their co-parent. Within this article, our Greenville child custody attorney provides a comprehensive overview of the custody laws in SC for unmarried parents.
Unmarried Parents and Custody: Paternity Must Be Established for Fathers
One of the primary differences between parental rights for unmarried parents versus married parents is the issue of paternity. For men, paternity is legal fatherhood. It is the basis of a father’s rights and responsibilities regarding the child. As explained by the South Carolina Department of Social Services (DDS), “for married parents, paternity is assumed at birth.” However, that is not the case for unmarried parents. Paternity must be established for an unmarried father to claim custody or visitation rights. Along the same lines, paternity must be established for an unmarried father to be held legally responsible for child support.
Note: Establishing paternity as an unmarried parent in South Carolina does not have to be overly difficult. It does not necessarily take a court order. On the contrary, DSS emphasizes that “for unmarried parents, paternity can be established through a paternity acknowledgment at the hospital or at DHEC Vital Records (or any county health department) after leaving the hospital.”
South Carolina Custody Laws: The “Best Interests of the Child” Standard
Who will get custody rights in South Carolina? Whether you are a married (and divorcing) parent or an unmarried (separating/separated) parent, custody, and visitation are resolved under our state’s best interests of the child standard (South Carolina Code § 63-15-240). In other words, the court must determine what type of arrangement is best for the health, safety, and well-being of the child.
Some of the factors used to determine the best interests of the child in South Carolina include:
- The Child’s Relationship with Each Parent: In a custody dispute, the court may examine the quality of the relationship between the child and each parent, including assessing which parent has been the primary caregiver and the depth of emotional bonds formed.
- Parental Capacity to Provide for the Child’s Needs: The court looks at each parent’s ability to meet the child’s emotional, educational, and physical needs, including food, shelter, and medical care. The evaluation includes the parent’s financial stability and ability to provide a nurturing environment.
- Child’s Preference: In South Carolina, the court may consider the child’s preference regarding which parent to live with, particularly if the child is of sufficient age and maturity to make a reasoned choice. As a general rule, children who are 12 years of age or older will be permitted to provide input as long as that child is mature enough.
- Mental and Physical Health of Parents: The mental and physical health of each parent is considered to ensure that the child will be in a safe and supportive environment. Parents who are physically able to care for their child and who do not have significant mental health issues are generally viewed as more capable of providing a stable home.
- Adjustment to Home, School, and Community: Stability is deemed beneficial for children and teenagers in South Carolina. A court may assess how well the child is adjusted to their current home, school, and community environment. Stability in these areas is considered vital for the child’s ongoing development and academic success.
- Existence of Domestic Violence or Parental Neglect: The presence of domestic violence in the family history is a critical factor. The court prioritizes the safety and well-being of the child, avoiding placements that could expose the child to further harm or trauma. Any history of abuse or neglect by a parent is a major factor in a custody case.
South Carolina presumes that it is inherently in the best interests of the child for parents to share some form of joint custody. This is true regardless of whether or not the child’s parents were married or unmarried. While some form of shared custody is presumed best, courts do absolutely retain the power to award sole legal custody and sole physical custody to one parent when deemed appropriate, given the circumstances.
Collaborative Solutions Often Work Best for Unmarried Parents
For unmarried parents who are going through a custody or visitation case, a collaborative solution is often the best path forward. We put an emphasis on helping parents find an amicable solution that effectively protects their parental rights. While collaborative solutions typically reduce conflict and legal costs, it does require a level of cooperation that might not be possible in all situations. We are always prepared to fight to protect your rights when needed.
Angela Elliott Frazier is a Fighter By Your Side in Custody and Visitation Cases
Child custody and visitation cases are complicated—particularly for unmarried parents. It is normal to have a ton of questions about your rights and your options. A proud mother of two kids, our founding attorney Angela Elliott Frazier, understands the importance of family.
She is a fighter and committed to helping parents protect their rights. You do not have to take on a complex legal case alone. We are proactive and we are here to guide you each and every step of the way. Among other things, our South Carolina family lawyer for unmarried parents is prepared to:
- Listen to you story, answer your questions, and explain your options;
- Investigate the matter—gathering the documentation you need to proceed;
- Represent you in any collaborative settlement talks with your co-parent; and
- Develop a personalized strategy focused on helping you get the best results for your family.
Contact Our South Carolina Custody Lawyer for Unmarried Parents Today
At Elliott Frazier — Family, Personal Injury, & Car Accident Attorneys, LLC, our South divorce family attorney is a compassionate and experienced fighter for clients. If you have any specific questions or concerns about custody laws and visitation rights in SC for unmarried parents, we are here as a legal resource you can trust. Contact us today for your confidential initial consultation. With an office in Greenville, we provide family law representation in Greenville County and throughout Upstate South Carolina.
