Charleston Lawyers for Father’s Rights

Attorneys for Fathers’ Rights in Charleston

If you’re a father going through a divorce, you have rights too. Fathers are essential for their children’s emotional development and well-being. It’s in your children’s best interests to have a shared parenting arrangement that allows your children to have emotional, physical, and financial support from BOTH parents. At Futeral & Nelson, we’re dedicated to leveling the playing field for fathers in divorces and family law cases.

Fathers Have Equal Rights in South Carolina Custody Cases

South Carolina has abolished the “tender years” doctrine, which favored mothers in custody decisions involving young children. In an initial custody determination, the Family Court considers the child’s best interests rather than giving either parent a preference because of sex. 

The court considers factors that may include each parent’s relationship with the child and ability to meet the child’s needs; the child’s preferences; the child’s adjustment to home, school, and community; and each parent’s efforts to encourage an appropriate relationship with the other parent. The court may also consider stability, abuse, domestic violence, and other relevant circumstances. A father who has been actively involved in his child’s life should present evidence of that history to the court.

Establishing Paternity for Unmarried Fathers

When a child is born to unmarried parents, South Carolina law places custody solely with the mother unless she has relinquished her rights or a court orders otherwise. A father whose paternity has been acknowledged or adjudicated may petition the Family Court for custody or visitation in a proceeding separate from an action to establish paternity. The mother’s statutory custody does not give her a preference over the father when the court makes its initial custody determination. 

Paternity may be established through a properly executed, verified voluntary acknowledgment or adjudicated in court, where genetic testing may be ordered. A verified acknowledgment creates a legal finding of paternity, subject to the statutory rules for rescission and challenge; genetic-test results alone should not be confused with a custody or visitation order. Establishing paternity can also lead to a child-support obligation, but it does not itself set a parenting schedule.

Joint Custody and Parenting Time

At a temporary hearing where custody is contested, each parent must prepare, file, and submit a parenting plan, although the parents may submit a joint plan. Either party may submit an updated plan at the final hearing. The court considers the plans but may issue an order even if a party fails to submit one. A father seeking substantial parenting time should propose a detailed, realistic schedule suited to the child’s needs.

Child Support

South Carolina’s Child Support Guidelines generally calculate support using the parents’ combined adjusted gross incomes and their respective shares of that income, together with the number of children covered by the order. The calculation may include the cost of the children’s health coverage and reasonable child-care costs related to employment or the search for employment. When the children spend a substantial portion of time with both parents, the applicable shared-custody or split-custody provisions may affect the calculation; the number of overnights is not a universal adjustment in every case. 

A court may depart from the guideline amount when applying it would be inappropriate, but a significant departure requires specific written findings. Either parent may seek modification of an existing support order if circumstances have materially changed; a request alone does not change the amount owed under the existing order.

Changing an Existing Custody Order

To change an existing custody order, the parent seeking modification generally must show a substantial change in circumstances arising after the prior order that affects the child’s welfare, and that the proposed change serves the child’s best interests. A parent’s relocation, a change in the child’s needs, or safety concerns may be relevant, but none automatically warrants a change in custody; the court assesses the evidence and the effect on the child.

This modification standard is different from an initial custody determination. In particular, the mother’s statutory custody of a child born to unmarried parents does not, by itself, require the father to prove changed circumstances when the Family Court first decides custody. A father who believes a change is needed should gather evidence concerning the child’s welfare and seek legal advice before filing.

Our Family Law Services

We strive to be the best at what we do. That’s why we’re top-rated (AV) by Martindale-Hubbell, Stephan Futeral is rated 10 (Superb) by AVVO. Thomas Nelson is one of Super Lawyers Rising Stars, and clients endorse us with 5 stars ★★★★★ on Google Reviews. If you need a family law attorney for any of the following, then contact us today:

4. child visitation rights

5. change in custody

6. paternity disputes

1. child custody

2. shared or joint custody

3. child support calculation

4. child visitation rights

5. change in custody

6. paternity disputes