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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.
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, if you are 17 years of age or older, you cannot be charged with a status offense such as runaway. The police cannot force you to move back home.
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.
Parents can share physical and/or legal custody, or one parent may have sole physical or legal custody. Joint custody in South Carolina means that both parents have frequent contact with their children and have an equal say in the child's upbringing.
The South Carolina Statutes Section 63-5-30 establishes that both parents have equal rights and responsibilities to their children, and neither parent can claim to have rights which may override the other.
South Carolina law has no presumption favoring mothers over fathers or fathers over mothers in child custody cases.
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.
In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.
South Carolina law states that a child is a person under the age of 18. However, when used in the context of delinquency and criminal acts, child refers to a person who is under 17 (under 16 for some serious crimes). Children involved in delinquency proceedings are often referred to as juveniles.