Unmarried Parents and Child Custody: Who Gets the Kids After a Split in Rock Hill?

Unmarried Parents and Child Custody: Who Gets the Kids After a Split in Rock Hill?

When unmarried parents part ways, the big question often is: who gets the kids? Unlike married couples, unmarried parents don’t have the built-in legal structure of divorce to guide them. Getting a handle on child custody rules in South Carolina can clear up any confusion.

When married couples have children, the law automatically recognizes both the wife and the husband as the biological parents, so there’s no need to prove parentage. However, when parents are unmarried, the father isn’t automatically recognized as the biological parent. This can create issues where the mother can’t collect child support, and the father is blocked from seeking custody or visitation.

When unwed parents split up, mothers have legal rights to the child right off the bat. Typically, a mom is considered the primary custodial parent unless the court decides differently. Fathers must establish paternity to secure their parental rights. If both parents are in agreement, this can be done by signing a Voluntary Paternity Acknowledgment form at the hospital or even after splitting up. However, if there is any dispute as to paternity, a court-ordered paternity test may be needed.

Once paternity is established, the father has the same rights as the mother to seek custody or visitation.

Types of Custody

Custody isn’t one-size-fits-all. The court can set up different arrangements, all aimed at what’s best for the child. How a custody arrangement might look depends on many factors, including the parents’ relationship, ability to cooperate, and the child’s needs.

Physical custody deals with where the child will live. This can be solely with one parent or split between both (joint physical custody). Joint physical custody means the child spends substantial time with each parent, which requires cooperation as well as good communication.

Legal custody covers decisions about the child’s life—think education, healthcare, and religious upbringing. Like physical custody, it can be granted solely to one parent or shared. One parent might have sole physical custody while both share legal custody, meaning the child lives mainly with one parent, but both have an equal say in major decisions.

Factors the Court Considers

When it comes to custody, the court’s main concern is what’s best for the child. They look at several factors.

The child’s bond with each parent is key. Courts look at who has been the primary caregiver and how the child interacts with that person. If one parent has been more hands-on, that could influence the decision. Or if one parent has a healthier relationship with the child.

Stability is another big one. The court checks each parent’s ability to provide a stable environment. This includes living situations, employment, and overall ability to meet the child’s needs.

The court also considers how willing each parent is to cooperate and support a positive relationship between the child and the other parent. If one parent is seen as trying to sabotage the other’s relationship with the child, it could hurt their custody chances.

Sometimes, the court will even consider the child’s preference, especially if the child is older. But this is just one piece of the puzzle, not the deciding factor.

Visitation Rights

Even if one parent gets primary physical custody, the other parent usually gets visitation rights. Visitation helps the non-custodial parent maintain a bond with the child, which is crucial for the child’s well-being.

Visitation schedules vary and can be customized to fit the child’s and parents’ needs. This might mean regular weekend visits, holidays, or school breaks. In some cases, supervised visitation might be required if there are concerns about the child’s safety with the non-custodial parent.

Changing Custody and Visitation

Life changes, and so do circumstances. What works for your child and family today might not work tomorrow. That’s why custody and visitation orders can be modified if there’s a significant change in circumstances.

To change a custody or visitation order, the parent requesting the change must show that it’s in the child’s best interest. This could involve changes in the parent’s living situation, job, or the child’s needs.

To learn more and get the help you deserve, call our divorce & family law firm Minor Law Divorce Lawyers in Rock Hill, SC at (803) 504-0971 or contact us online today.

You can also visit our law firm at 1273 Ebenezer Rd, Suite B, Rock Hill, SC 29732.

We serve throughout York County.