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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.
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.
You can get an Order of Separate Support and Maintenance to determine issues like custody, property division, alimony, and child support before you get divorced, but there really is no safe way to date while separated.
There are plenty of reasons to refrain from dating while you are separated from your spouse, and dating can affect the outcome of your divorce case, but SC law says that you can date once the court has signed a permanent Order of Separate Support and Maintenance or a permanent order approving your settlement agreement.
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.
If you aren't married, you are free to date whomever you'd like. Being separated is not the same as being divorced! Living separate and apart is like a weird middle ground, but it is important to remember that you aren't divorced yet! This means that things you do can still affect the divorce proceedings.
The court can restrict or deny a noncustodial parent visitation grounds on the flowing grounds: If the parent has a history of molesting the child. If the court believes that the parent can kidnap the child. If the parent is likely to abuse drugs while taking care of the child.
In most instances, South Carolina is not going to allow children under the age of 12 to voice their preference about which parent they would like to live with. Most courts will see the child too young to make the decision.
Removal of Parental ResponsibilityParental responsibility lasts until a child reaches the age of 18 or marries between the ages of 16 and 18. In reality, it gives parents the responsibility to make important decisions about the child.
If your child is refusing visitation with your co-parent due to a reason that directly concerns their safety, bring this to the attention of your attorney or other legal professionals immediately. If the reason does not directly impact their safety or well-being, your child should attend visitations.