If you are an unmarried father in South Carolina, your relationship with your child can raise some important legal questions.
Do you automatically have custody rights? Can you request visitation? What happens if your name is on the birth certificate? And do you need to establish paternity before going to family court?
The answers depend largely on whether paternity has been legally established.
Under South Carolina law, an unmarried father can pursue custody and visitation, but those rights do not necessarily arise automatically simply because he is the biological father.
Understanding unmarried father rights in South Carolina law starts with understanding paternity.
Does an Unmarried Father Automatically Have Custody Rights?
South Carolina law treats custody differently when a child’s parents are not married.
Under South Carolina Code Section 63-17-20, unless a court orders otherwise, custody of a child born to unmarried parents is initially with the natural mother unless she has relinquished her rights.
Once paternity has been acknowledged or adjudicated, however, the father may petition the family court for custody or visitation. That means an unmarried father may need to take an affirmative legal step before he has an enforceable custody or visitation order.
Being involved in a child’s life is important, but an informal parenting arrangement is not the same thing as a court order.
Seaton, Duncan, & Holmes handles custody, visitation, paternity, child support, and related matters through its South Carolina family law practice.
How Does an Unmarried Father Establish Paternity?
Acknowledging paternity
Paternity may be established voluntarily in some circumstances, such as through a legally recognized acknowledgment of paternity.
Once paternity is legally established, the father may seek rights involving custody and visitation.
Filing a paternity action
If paternity is disputed or has not otherwise been established, a man who claims to be the father may bring a paternity action under South Carolina Code Section 63-17-10.
The family court may order genetic testing. South Carolina law permits testing of the mother, alleged father, and child when necessary to determine parentage.
If the court determines that the man is the biological father, it can enter an order legally establishing paternity. The court may also establish child support and grant other appropriate relief.
Establishing paternity can therefore affect both parental rights and parental responsibilities.
Can an Unmarried Father Get Visitation in South Carolina?
Yes. Once paternity has been acknowledged or adjudicated, an unmarried father may petition the family court for visitation.
The court generally focuses on what arrangement serves the child’s best interests. A parenting schedule may address weekends, holidays, school breaks, transportation, telephone or video contact, and other practical details.
For a closer look at how parenting schedules may work, see South Carolina Child Visitation Schedules.
South Carolina family courts have authority over custody, visitation, paternity, and child support disputes.
Can an Unmarried Father Get Custody?
Yes. Once paternity is established, an unmarried father may ask the court for custody.
South Carolina courts may award sole or joint custody. The final decision must be based on the best interests of the child.
Under South Carolina Code Sections 63-15-230 and 63-15-240, courts may consider factors such as:
- Each parent’s ability to meet the child’s needs;
- The child’s relationship with each parent;
- The stability of each proposed home;
- Each parent’s involvement in the child’s life;
- The child’s adjustment to home, school, and community;
- Each parent’s willingness to encourage a relationship with the other parent;
- Evidence of abuse, neglect, or domestic violence; and
- Other circumstances affecting the child’s welfare
The court may award joint custody or sole custody depending on the evidence.
For a more detailed look at how judges evaluate these issues, read What Determines the Best Interest of a Child in a Custody Dispute in SC?.
Does the Mother Automatically Have More Rights Because She Is the Mother?
Before paternity is established and a custody order is issued, the law grants the natural mother initial custody in cases involving unmarried parents.
That does not mean the mother is automatically favored once the family court decides a custody dispute.
South Carolina law requires the court to decide custody according to the child’s best interests. Courts may consider all custody options, including joint custody and sole custody.
An unmarried father seeking custody should be prepared to show his involvement with the child and his ability to provide a stable, appropriate environment.
Does an Unmarried Father Have to Pay Child Support?
Establishing paternity can create financial responsibilities as well as parental rights.
If a court determines that a man is the child’s father, South Carolina law authorizes the court to establish a duty of support and order child support payments. See South Carolina Code Section 63-17-70.
Child support and custody are related issues, but they are not interchangeable. A dispute over child support generally does not give either parent permission to ignore a custody or visitation order.
For more information about how support may be determined, read How Does Child Support Work in South Carolina?.
What Rights Come With a Custody Order?
Once a court enters a custody order, it may address much more than where the child sleeps.
South Carolina law allows custody orders to cover residential arrangements, parenting time, and how parents will make decisions about education, medical care, extracurricular activities, and religious training.
Parents may also have rights to educational and medical records unless a court order or other law limits those rights.
A custody order can also provide both parents with clearer expectations regarding schedules, transportation, decision-making, and communication.
Can an Unmarried Father’s Custody Rights Change Later?
Yes.
If a custody order is already in place, either parent may sometimes ask the court to modify it when there has been a substantial change in circumstances affecting the child’s welfare.
Examples may include significant changes in a parent’s living situation, relocation, concerns about a child’s safety, or changes in the child’s educational or medical needs.
The process is explained in our article on How to Modify a Custody Order in South Carolina.
What If Domestic Violence Is Part of the Custody Case?
Domestic violence can significantly affect custody and visitation decisions.
South Carolina courts may consider evidence of domestic violence when evaluating the child’s best interests and deciding whether particular custody or visitation arrangements are appropriate.
If domestic violence allegations are part of the case, the court may also consider safety-related restrictions or other protective measures.
For more information, see How a Domestic Violence Arrest Can Affect Child Custody in SC.
Frequently Asked Questions About Unmarried Father Rights in South Carolina
Is being listed on the birth certificate enough to give a father custody?
Not necessarily. A birth certificate may be relevant to paternity, but an unmarried father who wants enforceable custody or visitation rights may still need a family court order.
Can a mother stop an unmarried father from seeing his child?
If there is no visitation order, enforcement options may be limited. Once a court enters a visitation order, both parents are generally expected to follow it, with potential repercussions if they do not.
Can an unmarried father request joint custody?
Yes. Once paternity is established, an unmarried father may ask the court for joint or sole custody. The court will decide based on the child’s best interests.
Does paying child support automatically give a father visitation?
Not automatically. Child support and visitation are separate legal issues. A father who wants enforceable parenting time may need to request a visitation or custody order.
Can an unmarried father’s custody rights change later?
Yes. Existing custody orders may sometimes be modified when circumstances materially change, and a new arrangement would serve the child’s best interests.
Talk With the Attorneys at Seaton, Duncan, & Holmes About Father’s Rights
Questions about unmarried fathers’ rights under South Carolina law can involve paternity, custody, visitation, and child support, sometimes all at once.
Seaton, Duncan, & Holmes represents parents in family court matters involving custody, paternity, visitation, child support, and related disputes. Our firm can review your circumstances and explain the options available under South Carolina law.
To discuss your family law matter, contact Seaton, Duncan, & Holmes here or call 843-761-3840.
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