South Carolina General Power of Attorney for Care and Custody of Child or Children
Overview of this form
The General Power of Attorney for Care and Custody of Child or Children allows a parent to delegate authority to another person, known as an attorney-in-fact, regarding their child or childrenâs care, health care, and education. Unlike other power of attorney forms, this document specifically outlines responsibilities related to a child's well-being and decision-making, ensuring that the appointed individual can act in the child's best interest during the specified time frame.
Form components explained
- Your name and address as the parent or guardian.
- Name(s) of the child(ren) for whom the power of attorney is granted.
- Designation of the attorney-in-fact, including any joint provisions.
- Specific powers granted, such as decisions regarding health care and education.
- Exclusions, such as the authority to consent to marriage or adoption.
- Duration of the powers granted, including start and end dates.
When to use this form
This form is useful in various situations, such as when a parent needs someone to take care of their child temporarily, during extended absences (like work travel or military service), when a parent is incapacitated, or when both parents need to delegate responsibilities to a trusted individual for a specific period.
Intended users of this form
- Parents or legal guardians who wish to delegate care responsibilities for their children.
- Individuals planning for contingencies that could affect their ability to care for their children.
- Caregivers or relatives who will temporarily oversee the child's care and decision-making.
Instructions for completing this form
- Identify the parent(s) or guardian(s) granting the power.
- Fill in the names of the child(ren) covered by this power of attorney.
- Select the attorney-in-fact and specify any joint powers if applicable.
- Detail the specific powers granted, including educational and health care decisions.
- Specify the duration of the authority given in the appropriate sections.
- Sign and date the document in the presence of a notary public.
Notarization guidance
Notarization is required for this form to take effect. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session, available 24/7.
Common mistakes
- Failing to clearly identify the child(ren) or attorney-in-fact.
- Not specifying the duration of the authority granted.
- Leaving out critical details about health care or educational decisions.
- Not having the document notarized, if required.
Quick recap
- A General Power of Attorney for Care and Custody of Child or Children allows a parent to delegate authority for specific care duties.
- The form is vital for ensuring responsible care when the parent is temporarily unable to fulfill their duties.
- Proper completion and notarization of the document are essential for its validity.
Form popularity
FAQ
Section 63-17-20(B) states that the natural mother has sole custody in the case of a child born out of wedlock.
50% of children born in South Carolina are born to unmarried parents. When a child is born out-of-wedlock in South Carolina, the biological father has no legal rights or connection to the child until he establishes legal paternity.
In South Carolina, a step-parent can get full custody of a child if they had legally adopted the child. Step-parent adoption, however, requires consent from one of the biological parents, if the other parent had relinquished their parental responsibilities, is dead or has been deemed unfit by the court.
The bottom line is that it is usually very difficult to prove that the child's primary caretaker be it the mother or a father is unfit to have custody of the child.Excessive discipline or emotional abuse of the child; A history of drug or alcohol abuse; or. A previous conviction for a sexual offense.
Once you establish legal paternity, the mother cannot move away with the child over the father's objection without leave of court. However, if you do not establish paternity, the mother can move away or deny visitation rights, regardless of the father's objections.
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.
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 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.
