What Are the Parental Rights of Unmarried Parents in South Carolina?

If you are an unmarried parent in South Carolina, you may have to clear a few additional hurdles to establish your parental rights and get time with your child.

Learn more about the rights of unmarried parents, and if you need more personalized guidance regarding your case, call Nowell Law Firm at 864-469-2481.

Rights at Birth

To start, what are the rights that parents have at birth? By default, mothers have full parental rights, as they are the child’s natural parent. If a woman is married, her husband automatically has paternal rights as well.

However, unmarried fathers do not have any automatic parental rights when their child is born. This means that their access to the child is either granted or denied by the child’s mother. There can be no custody agreement until paternity is established, and any access granted by the mother is informal and can be taken away at any time.

For that reason, it’s crucial that an unmarried father who wants to be involved in his child’s life take immediate steps to establish paternity and get a formal custody arrangement.

How an Unmarried Father Can Establish His Parental Rights

Under South Carolina law, a father must establish paternity before he can have any sort of legal custody or visitation rights. Paternity is automatically established if a couple is married, but an unmarried father has to actually bring a paternity action. However, a paternity action can also be initiated by the child’s mother, the child in question, or a government agency.

For example, an unmarried mother who receives food stamps may be ordered to reveal the identity of her child’s father. The agency may then go after the father to establish paternity and child support to recover what they have spent on the child.

Once the action has been filed, the court will order a genetic test. If the father refuses to submit to testing, that also serves as proof of paternity. If both parties acknowledge that the man in question is the father, a DNA test may not be necessary, and the court may formalize paternity.

After paternity has been established via DNA testing, admission of both parents, a birth certificate listing the father, or other evidence, the father can move forward and request custody rights. This process can vary quite a bit, depending on the relationship between the parents and what type of custody arrangement they want.

Shared custody is often the ideal arrangement for the child, as it allows them to build a strong relationship with both parents. However, if the child is older and has been raised exclusively by their mother, it may take time to work up to a shared custody arrangement.

The court may begin by ordering supervised visitation and working up to unsupervised visitation after. Once the relationship between the child and father is strong enough, the court may award shared custody.

This also opens the door to child support. The court may determine what child support amount is appropriate and establish an ongoing order. Even if the mother does not request child support, the father may be forced to pay child support if the mother receives government-funded support or services.

Streamline the Process with an Attorney

Whether you are the mother or father in this scenario, working with an attorney can save you a lot of stress and time. This process can be overwhelming, especially when time with your child is at stake. Working with a family law attorney ensures that you meet necessary deadlines, present a strong case in court, and advocate for your child. The team at Nowell Law Firm is committed to helping parents like you establish and protect their parental rights.

Choose Nowell Law Firm for Your Paternity Case

If you’re ready to move forward with a paternity and custody case, the team at Nowell Law Firm is here to help. Call us at 864-469-2481 or reach out online to schedule a consultation now. We’ll help you explore your next steps, explain the timeline, and get started right away.