South Carolina Custody Laws for Unmarried Parents

When a married couple with children goes through a separation or divorce, the child custody rules are pretty straightforward. The best interest of the child is always the deciding factor, and both parents often share custody. However, when an unmarried mother gives birth, the rules are a little different.

South Carolina law automatically gives sole custody of children born to unmarried parents to the mother. If the father wishes to seek custody or parental rights, paternity must be established. Dive into all the details below to learn more about child custody for unmarried parents and how to establish paternity.

How Can an Unmarried Father Seek Child Custody?

When a child is born to unmarried parents, sole custody is automatically given to the mother as long as she does not relinquish custody. If the father wishes to seek custody, he must first establish paternity. Paternity may be established voluntarily by agreement from the mother or through a court order.

There are a few ways to establish paternity in South Carolina, including:

At the hospital: Both parents can complete and sign the Paternity Acknowledgement Form at the hospital. This method is free and is the easiest way to establish paternity. The father’s name will be listed on the birth certificate, and the father will be recognized as the child’s legal father.
After leaving the hospital: A Paternity Acknowledgement may also be completed after leaving the hospital. The form can be completed at the Department of Health and Environmental Control (DHEC) or any DHEC health department. A small fee will apply when this form is completed after leaving the hospital.
Court order: Either the mother or father may petition the court for an order establishing paternity. DNA testing will be completed to determine whether the father is indeed the child’s biological father. If the test is positive, the court will issue an order establishing paternity and granting the father parental rights.

Once paternity has been established, both parents share equal parental rights. The courts may then issue orders regarding child custody, visitation, child support, and other issues.

How Is Child Custody Determined After Paternity Is Established?

Once paternity is established, child custody is determined just like it would be in a typical divorce. Custody is typically broken down into two parts – legal custody and physical custody. It is common for both parents to share legal custody while one parent maintains primary physical custody.

The biggest factor used by the courts in South Carolina to determine custody is the best interest of the child.

When determining the child’s best interest, a judge may consider:

Each parent’s ability to care for the child
Any manipulative or coercive behavior of either parent
The child’s wishes (in some cases)
The temperament and developmental needs of the child
The ability of each parent to be involved in the child’s life
Any history of abuse, neglect, drug use, or alcohol use
The mental and physical health of all parties
Any other factors the court considers relevant

The court may decide to grant sole or joint custody. When parents share legal custody, they share in the decision-making responsibilities for the child. If one parent is granted sole physical custody, the other parent is likely to have visitation rights.

Additionally, child support payments might be required after child custody is established. The South Carolina child support guidelines consider the income of both parents, their earning capacity, and their overall financial situation. The court may also consider the cost of health insurance and child care expenses when making a final determination of child support.

Can I Get Child Custody Agreements Changed?

Yes, it is possible to get a child custody agreement modified. Keep in mind that you should always follow the existing custody and visitation agreements until the modification is in place. Failure to follow the existing agreements could get you into legal trouble. It could also make modifying that agreement difficult.

If there has been a substantial change in circumstances, you may petition the court for a modification to the custody arrangement. An experienced child custody lawyer can help advise you of your legal options. They can also help present evidence proving the reasons for your request.Contact An Experienced Family Law Attorney at Minor Law Divorce Lawyers Can Help. Contact Us at (803) 504-0971

To learn more and get the help you deserve, please contact a family law lawyer at Minor Law Divorce Lawyers in Rock Hill, SC or contact us online today.

We proudly serve throughout York County.

Minor Law Divorce Lawyers
1273 Ebenezer Rd, Suite B,
Rock Hill, SC 29732
(803) 504-0971