Father's Rights

What rights do fathers have to custody?

In South Carolina, the law on father's rights in custody cases is relatively gender-neutral. The court considers the best interests of the child in determining custody, which means that both parents have equal rights to custody, absent any evidence showing that one parent is unfit.

However, South Carolina law does recognize the importance of fathers' involvement in their children's lives, and specifically acknowledges that a father who has shown a consistent pattern of providing support and involvement in their child's life may be entitled to joint custody. Additionally, fathers who are unmarried may need to establish paternity before seeking custody or visitation rights.

Overall, whether you are a father or a mother seeking custody in South Carolina, the court's primary concern will always be the best interests of the child. Factors such as the child's relationship with each parent, each parent's ability to provide for the child's physical and emotional needs, and any history of abuse or neglect will all be taken into consideration when making a custody determination.