Get SC PRO SE Complaint for Visitation Packet 2007-2024

File your petition with the court. You must file your petition in family court to initiate your action to establish paternity. To initiate an action in South Carolina courts, you must pay a filing fee of $150. If you cannot afford the filing fee, you can apply for a waiver.

What exactly is an unfit parent? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.

The term "unfit mother" arises out of the now-outdated child custody doctrine that custody of children should be awarded to the mother unless the mother was "unfit." Today, courts strive to settle on a custody arrangement that is in the best interests of the child, without bias in favor of the mother or father.

Unfit Parent Law and Legal Definition. ... A parent may be deemed unfit if they have been abusive, neglected, or failed to provide proper care for the child. A parent with a mental disturbance or addiction to drugs or alcohol may also be found to be an unfit parent.

The grounds for TPR in South Carolina (as defined by statute) are as follows: Abuse or neglect by the parent affecting the child's safety or causing harm to the child. ... Willfully failing to visit the child for a period of 6 months. Willfully failing to support the child for a period of 6 months.

In marriage, parents in South Carolina have equal power, rights, and duties regarding their children. However, under South Carolina child custody law, divorce can drastically change that. In addition, if the parents were never married, then custody is solely with the mother unless the father goes to court.

In marriage, parents in South Carolina have equal power, rights, and duties regarding their children. However, under South Carolina child custody law, divorce can drastically change that. In addition, if the parents were never married, then custody is solely with the mother unless the father goes to court.

The only situation in which a father may not have equal rights to his child is when he is not married to the child's mother. Fathers may not seek visitation or custody in South Carolina until their paternity has been established.

The parents may share legal custody, meaning both parents make decisions on behalf of the child. The parents may also have court-ordered joint or shared physical custody, meaning that each parent spends 30 percent or more with the child, or greater than 109 overnights a year.

Until a father has established paternity, he won't be able to seek custody. Married parents have equal rights to obtain custody of their child. Different laws apply to unmarried parents. Section 63-17-20(B) states that the natural mother has sole custody in the case of a child born out of wedlock.

Paternity. The only situation in which a father may not have equal rights to his child is when he is not married to the child's mother. Fathers may not seek visitation or custody in South Carolina until their paternity has been established.

Primary Custody in South Carolina. Primary custody is an arrangement where one parent has physical custody of the child the majority of the time. The other parent gets some sort of visitation rights, which can be negotiated by the parties or decided by family court.

Primary custody refers to the parent with whom a child lives after both parents separate or divorce. It is also referred to as physical custody. ... The primary residential parent generally has final decision-making authority in day-to-day care and control of each child.

Full custody is where one parent receives a majority of the custody time and legal rights regarding the child. This parent is often designated the primary custodial parent. Joint custody is where the parents split physical custody of the child.

Joint physical custody means that both co-parents have rights to the physical possession of the child at certain times. Generally, when joint custody is awarded, the amount of physical possession is not evenly split between co-parents; the actual schedule may vary.