Legal Question in Family Law in South Carolina

Re: Who Has Custody

In SC, there is a statute that says that until and unless the Court says otherwise, the mother has custody if the parents are not married. However, that statute was enacted so that there would always be at least one identified parent for a child, since sometimes paternity is questioned, and it does not necessary convey all of the same rights as having an Order saying that you have sole custody.

The father, though not married, still has rights to the child, and he can attempt to assert them if you and he disagree. For these (and other) reasons, it is much better if the two of you go to Court to have these issues addressed, whether through litigation or by an agreement.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens