[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.mtllawfirm.com\/blog\/sc-custody-laws-for-unmarried-parents\/#BlogPosting","mainEntityOfPage":"https:\/\/www.mtllawfirm.com\/blog\/sc-custody-laws-for-unmarried-parents\/","headline":"South Carolina Custody Laws for Unmarried Parents","name":"South Carolina Custody Laws for Unmarried Parents","description":"When a married couple separates, both parents have equal rights to seek custody of their children. But custody arrangements are less cut and dry for unmarried parents. By default,\u00a0South Carolina\u00a0grants sole custody of a child to the natural mother if she is unmarried.\u00a0Unmarried fathers can only petition the...","datePublished":"2024-06-18","dateModified":"2026-05-27","author":{"@type":"Person","@id":"https:\/\/www.mtllawfirm.com\/blog\/author\/jimtucker-user\/#Person","name":"Jim Tucker","url":"https:\/\/www.mtllawfirm.com\/blog\/author\/jimtucker-user\/","identifier":11,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/44083b310c18e164c282b70c2998ed23ca87dafd05103949a9ed48ec14940f87?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/44083b310c18e164c282b70c2998ed23ca87dafd05103949a9ed48ec14940f87?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"McKinney, Tucker & Lemel","logo":{"@type":"ImageObject","@id":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/07\/MTLLaw-logo.png","url":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/07\/MTLLaw-logo.png","width":387,"height":95}},"image":{"@type":"ImageObject","@id":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/06\/sad-daughter.jpeg","url":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/06\/sad-daughter.jpeg","height":174,"width":261},"url":"https:\/\/www.mtllawfirm.com\/blog\/sc-custody-laws-for-unmarried-parents\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0","name":"South Carolina Divorce Law - McKinney, Tucker & Lemel LLC.","description":"For more information, please visit: https:\/\/www.mtllawfirm.com\/family-lawyers\/divorce\/\n\nMcKinney, Tucker & Lemel LLC - Rock Hill Personal Injury Attorneys\n215 Hampton Street\nRock Hill, SC 29730\nPhone: 803-328-1848","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/-ZYC1ZcXip0\/default.jpg","https:\/\/i.ytimg.com\/vi\/-ZYC1ZcXip0\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/-ZYC1ZcXip0\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/-ZYC1ZcXip0\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/-ZYC1ZcXip0\/maxresdefault.jpg"],"uploadDate":"2024-06-05T17:29:51+00:00","duration":"PT2M38S","embedUrl":"https:\/\/www.youtube.com\/embed\/-ZYC1ZcXip0","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCSJQ_AJ7kCfv43tFOzt2OCA#Organization","url":"https:\/\/www.youtube.com\/channel\/UCSJQ_AJ7kCfv43tFOzt2OCA","name":"MTL Law","description":"Here at McKinney, Tucker, & Lemel, LLC we are all about people. You are entrusting your lawyer with important and personal details about yourself and your life. You should feel comfortable as you work with your lawyer throughout a case. We respect this relationship and we are ready to be on your side because no one should have to handle a serious legal issue alone. We are here to help with a wide variety of cases including, personal injury, criminal defense, and family law.\n\nWe understand the stress of trying to keep your life on track while handling a serious case. Let us take up the legal burden so you can concentrate on recovering and moving forward. We have been helping the people of York & Lancaster counties since 1977 so you can count on us to have the experience and skill that you need.\n\nWe\u2019re ready to work for you.\n\nMcKinney, Tucker & Lemel LLC\nhttps:\/\/www.mtllawfirm.com\/\n215 Hampton Street\nRock Hill, SC 29730\nPhone: 803-328-1848\n","logo":{"url":"https:\/\/yt3.ggpht.com\/fZ07nD6E0DI9r7Qgz3pwXXUaTWT3568T7H_3_d4P_QDAFhGpvP-h1jXuKIdZu29412BDVm5mu6c=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":62}]]},"about":["Child Custody"],"wordCount":1064,"articleBody":"When a married couple separates, both parents have equal rights to seek custody of their children. But custody arrangements are less cut and dry for unmarried parents. By default,\u00a0South Carolina\u00a0grants sole custody of a child to the natural mother if she is unmarried.\u00a0Unmarried fathers can only petition the court for custody when their paternity is legally acknowledged or adjudicated.Does a Father Have to Establish Paternity Before Seeking Custody of a Child?When a couple is unmarried and expecting a baby, the father must establish\u00a0paternity\u00a0before he can seek custody. In cases where a child is born to unmarried parents, the court automatically grants sole custody to the natural mother unless she voluntarily forfeits her legal rights or signs an affidavit to acknowledge the father\u2019s legal rights.Paternity is legal fatherhood. Establishing paternity means both parents maintain equal rights to the child in the court\u2019s eyes.South Carolina parents can\u00a0establish paternity\u00a0for a child in several ways:At birth \u2013\u00a0A father can establish paternity when a child is born by completing a\u00a0Paternity Acknowledgment Affidavit\u00a0document. When signed by the mother and father at birth, this legal document formally acknowledges the man as the child\u2019s biological father. The father\u2019s name can appear on the child\u2019s birth certificate if he has legal paternity. But if a father signs a birth certificate without a Paternity Acknowledgement Affidavit, he will not have legal paternity in South Carolina.After leaving the hospital \u2013\u00a0Unmarried parents can also establish paternity after a child is born. If a mother and father want to establish paternity voluntarily, they can file a Paternity Acknowledgment Affidavit after the child\u2019s birth. Parents must file the affidavit with either the\u00a0South Carolina Department of Health and Environmental Control\u00a0(SCDHEC) or the health department in the county where the child was born.Without the mother \u2013\u00a0Fathers can establish their paternity independently by completing a\u00a0Non-Custodial Parent Application for Child Support Services. The application can be found online and at local child support offices for the South Carolina Department of Social Services (DSS). After the father completes the application and submits a processing fee, DSS can conduct a DNA test to establish biological paternity. This option does not require the mother to sign.Without the father \u2013\u00a0The mother can file a\u00a0Custodial Parent Application for Child Support Services\u00a0and request genetic testing if the father doesn\u2019t want to establish paternity.Can the Court Award Joint or Sole Custody?South Carolina courts award custody based on the best interests of the child. Establishing paternity gives both parents equal custody rights.When determining the best custody arrangements for a child, a judge generally considers the following:Each parent\u2019s relationship with the childEach parent\u2019s emotional, physical, and financial fitnessEach parent\u2019s ability to care for the childEach parent\u2019s living situationAny history of drug use, neglect, or domestic violenceOther relevant factorsAfter reviewing all the evidence, a judge can grant joint or sole\u00a0custody. South Carolina defines\u00a0joint custody\u00a0as both parents having equal rights to make significant decisions concerning the welfare and upbringing of their child.\u00a0Sole custody\u00a0means only one parent has the temporary or permanent responsibility to make important decisions about things like the child\u2019s education, medical care, and religious activity.There are also two types of\u00a0child custody\u00a0in South Carolina:Legal \u2013\u00a0Legal custody is a parent\u2019s ability to make important decisions about their child\u2019s well-being. These decisions include where they will go to school, what church they will attend, and what medical care they will receive.Physical \u2013\u00a0Physical custody involves the actual care and supervision of the child.Either of these custody arrangements can be sole or joint. However, a parent without legal custody of their child cannot have physical custody.In cases where one parent gains sole custody, the other parent can get visitation rights with a court-approved custody agreement. The parent with sole custody might also be entitled to receive child support payments from the non-custodial parent.Child support\u00a0is money that one parent pays to another parent to help raise their child and maintain the child\u2019s standard of living. Determining child support payments involves reviewing each parent\u2019s gross income, earning capacity, and overall financial status. The cost of health insurance, childcare expenses, and the number of other children in the home can also play a role. South Carolina provides\u00a0Child Support Guidelines\u00a0for parents to estimate how much they could owe in support payments.What Should the Parents Do After Custody Is Granted?After a court order custody arrangement, both parents must be willing to put the best interests of their child front and center. To avoid potential legal complications, parents must follow court-established custody guidelines. That means adhering to visitation schedules, custody arrangements, and other relevant court orders. Violating a family court order can come with significant legal ramifications.If you disagree with a family law judge\u2019s final ruling, you and your attorney can appeal the judge\u2019s decision. However, you must file your notice to appeal within 30 days of the decision. When you file an appeal, a higher court can review the lower court\u2019s determination to ensure it followed proper legal procedures during your original case.If there is a sudden change in your situation, you can also request a child\u00a0custody modification. However, you should never attempt to modify the terms of a child custody agreement on your own. Deviating from a court-ordered custody arrangement can have significant legal consequences. If the court holds you in contempt for violating a custody order, you could face penalties like fines and possible jail time.\ufeffContact a South Carolina Family Law AttorneyAt McKinney, Tucker & Lemel LLC, we understand how complicated South Carolina\u2019s custody laws can be and are committed to protecting the rights of unmarried parents and their children. If you are an unwed parent concerned about child custody issues, our\u00a0attentive team\u00a0can review your situation and outline your legal options in a consultation.Don\u2019t fight for your child\u2019s future alone. Get an experienced and knowledgeable child custody lawyer on your side.\u00a0Contact\u00a0McKinney, Tucker & Lemel LLC\u00a0today. Our compassionate team is ready to provide the support and legal advice you need.Visit Our South Carolina Family Law Law Offices"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.mtllawfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"South Carolina Custody Laws for Unmarried Parents","item":"https:\/\/www.mtllawfirm.com\/blog\/sc-custody-laws-for-unmarried-parents\/#breadcrumbitem"}]}]