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(1) "Abandonment of a child" means a parent or guardian wilfully deserts a child or wilfully surrenders physical possession of a child without making adequate arrangements for the child's needs or the continuing care of the child. (c) waiver by the subject of the report of his right to appeal.
In South Carolina, a child does not get to choose which parent to live with, but the family court may consider the child's preference.
To terminate a parent's rights in South Carolina, a moving party must prove two things: (1) by clear and convincing evidence that terminating the parent's rights would be in the best interests of the child and (2) that one of the 12 grounds listed is proven by clear and convincing evidence.
In South Carolina, for the court to order that parental rights be terminated, the court must find clear and convincing evidence that termination is in the best interests of the child and must find that at least one of the eleven grounds has been proven by clear and convincing evidence.
Many clients ask me whether there is an age can a child have to be to refuse visitation. Under South Carolina's family laws, there is no set age at which a child can refuse to go visit with the other parent.
Abandonment Defined If one parent abandons the child and does not visit the child or contribute financially to the child's upbringing for a period of at least six months, you may have grounds to seek a termination of parental rights.
Generally speaking, if the child is younger than 12 years old, the court will likely not heavily weigh the child's preference. When a child is between 12 and 14 years of age, a court will weigh the preference more heavily, but the court will not necessarily make a decision based on that preference.
Generally speaking, if the child is younger than 12 years old, the court will likely not heavily weigh the child's preference. When a child is between 12 and 14 years of age, a court will weigh the preference more heavily, but the court will not necessarily make a decision based on that preference.
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.
To change a custody order in South Carolina, you will need to submit a petition to the family court with jurisdiction (authority) over the case. This generally means submitting the petition to the same court that entered the initial custody order.