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 South Carolina, a child does not get to choose which parent to live with, but the family court may consider the child's preference.
File your petition with the court. You must file your petition in family court to initiate your action to establish paternity. To initiate an action in South Carolina courts, you must pay a filing fee of $150. If you cannot afford the filing fee, you can apply for a waiver.Jun 15, 2021
A parent with physical custody lives in the same household as the child. Additionally, the parent with primary physical custody (also called "the custodial parent") is legally responsible for the child's day-to-day care, including food, clothing, education, medical care, and safety.
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.Jan 1, 2022
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.
South Carolina law requires the family court to determine the “best interests of the child” in setting child custody. Although there is no rule of law requiring custody be awarded to the primary caretaker, there is an assumption that custody will be awarded to the primary caretaker.
The South Carolina guidelines establish a basic child support obligation average between $793 to $1628. This range applies to parents of one to six children. For example, a non-custodial parent of three children earns $3,000 a month. The custodial parent of all three children earns $1,500 per month.
What can a father do to gain visitation?Consider and define the visitation he wants family court to grant.File the complaint in the county/state where the child resides.Make sure the visitation schedule is spelled out in the final visitation order.More items...
The most common are sole custody, joint custody, and primary physical custody. Legal custody is also available. Grandparent and visitation custody is another a type of enforceable child custody agreement.Nov 16, 2020
Does the Father Have Equal Rights to a Child in South Carolina? The South Carolina Statutes Section 63-5-30 establishes that both parents have equal rights and responsibilities to their children, and neither parent can claim to have rights which may override the other.
In South Carolina, the standard schedule will dictate that the non-custodial parents will receive the child every other weekend, from Friday to Sunday evening. They may also be entitled to have the child during the week for one evening, usually a Wednesday, until 8 pm. This, again, is every other week.