In South Carolina, a husband is generally presumed to be the father of a child born during his marriage to the child’s mother. Determining paternity for children born outside of a marriage is a little more complicated.
An action to establish paternity can be brought by limited parties, including the person claiming to be the father of the child, the natural mother of the child, the child, a person in whose care the child has been placed, or an authorized agency, including DSS (the Department of Social Services). So how do you prove paternity in South Carolina, and what happens once it is established?
Quick Answer: Paternity in South Carolina can be established by a verified voluntary acknowledgment of paternity, often signed at the hospital, or by a Family Court determination based on genetic testing or other admissible evidence. A genetic test showing at least a 95 percent probability of paternity creates a rebuttable presumption. Establishing paternity can lead to child support, but it does not by itself give the father custody or visitation; he must ask the Family Court for those rights.
Table of Contents
- How Do You Prove Paternity in South Carolina?
- How Does a Voluntary Acknowledgment of Paternity Work?
- What Happens After a DSS Notice of Paternity Determination?
- What Are the Consequences of Establishing Paternity?
- Does Establishing Paternity Give a Father Custody or Visitation?
- How Can a Charleston Family Lawyer Help With a Paternity Case?
How Do You Prove Paternity in South Carolina?
If you have been brought into an action for paternity as the purported father, you have three options: 1) contest paternity; 2) acknowledge/admit paternity; or 3) do nothing. If you admit paternity through a verified voluntary acknowledgment, your ability to contest paternity is limited as described below.
If you do nothing, the court may enter a default judgment and determine you to be the father. If you contest paternity, the court may order genetic testing; in a contested child support case, the court generally must order testing if a party requests it, subject to statutory exceptions. The court decides how testing costs are paid unless the parties stipulate otherwise.
Paternity may be established through genetic testing or other admissible evidence under South Carolina’s paternity statutes. A genetic test showing at least a 95 percent statistical probability of paternity creates a rebuttable presumption; refusal to submit to an ordered test may be considered in assessing credibility, but is not itself conclusive proof.
A birth certificate signed by both the mother and purported father creates a rebuttable presumption, and an expert’s opinion concerning the time of conception may also be admitted. The court may even elect to examine the child for physical characteristics and similarities between the child and the purported father.
The following table summarizes the main ways paternity is established in South Carolina:
| Method | How It Works | Can It Be Challenged? |
|---|---|---|
| Presumption from marriage | A husband is generally presumed to be the father of a child born during the marriage | Yes, the presumption can be rebutted with evidence |
| Voluntary acknowledgment of paternity | A person acknowledging paternity signs a verified acknowledgment, often at the hospital when the child is born | Rescission is allowed within 60 days or before a related proceeding in which the signer is a party, whichever occurs first; after that, a court challenge is limited to fraud, duress, or material mistake of fact |
| Genetic testing | The court may order testing; in certain contested child support cases, it must do so on a party’s request, subject to statutory exceptions. DSS may also require testing through its administrative process. A result of 95 percent or higher creates a rebuttable presumption of paternity | Yes, the presumption can be rebutted with other evidence |
| Birth certificate signed by both parents | Creates a rebuttable presumption of paternity | Yes, the presumption can be rebutted with other evidence |
| Family Court order | The court determines paternity after considering the evidence | Generally only through an appeal or other limited post-judgment relief |
How Does a Voluntary Acknowledgment of Paternity Work?
Many unmarried parents establish paternity without going to court by signing a verified voluntary acknowledgment of paternity, often at the hospital when the child is born. A properly executed acknowledgment creates a legal finding of paternity.
Any signatory may rescind the acknowledgment within sixty days or before the date of an administrative or judicial proceeding relating to the child in which the signatory is a party, whichever occurs first. After the sixty-day period expires, the acknowledgment may be challenged in court only on the basis of fraud, duress, or material mistake of fact, and the person challenging it bears the burden of proof.
What Happens After a DSS Notice of Paternity Determination?
An opportunity to contest paternity also may arise if an alleged father receives a notice of paternity determination along with an administrative notice of financial responsibility. The alleged father may file a written denial of paternity with DSS’s child support enforcement division within thirty days after service of the notice of paternity determination. A timely denial leads to genetic testing; if he continues to deny paternity after receiving the test results, he may request that the division refer the issue to Family Court. If he does not timely deny paternity, the issue may be resolved against him without further notice.
Separately, a person who objects to a notice of financial responsibility may request a court hearing in writing within thirty days after receiving that notice, served on the division as the statute requires. The notice also sets a negotiation conference. Failing to attend, timely reschedule, or request a hearing by the applicable deadline may result in a default support order. A notice of financial responsibility alone does not replace the separate notice and procedure for determining paternity.
What Are the Consequences of Establishing Paternity?
The choice to establish paternity has various and lifelong ramifications. As a mother, establishing paternity for your child’s father means that the father may be responsible for paying child support; it also means the father may seek visitation and parenting time with the child.
As a father, if you choose to contest paternity and the child is determined not to be your child, you may be relieved of financially supporting the child, but you may also lose any right to visit with and parent the child. This can be especially difficult if the purported father has been acting as the child’s father for a significant period.
Paternity may also affect the child’s rights to inherit from the father, to receive benefits such as Social Security or veterans benefits through the father, and to have the father listed on the birth certificate. Eligibility for inheritance and benefits depends on the rules governing each particular right or program.
Does Establishing Paternity Give a Father Custody or Visitation?
No, not by itself. When a child is born to unmarried parents, South Carolina law generally gives the mother sole custody unless the court orders otherwise or the mother has relinquished her rights. Establishing paternity does not by itself give the father custody or a visitation schedule. A father whose paternity has been acknowledged or determined may petition the Family Court for custody or visitation in a proceeding separate from the action to establish paternity. The court decides custody and parenting time based on the child’s best interests. S.C. Code Ann. §§ 63-17-20(B), 63-15-230.
Our article on what fathers’ rights are in South Carolina explains how an unmarried father can pursue custody and visitation, and our overview of South Carolina custody laws explains the best-interests factors the court considers. While a case is pending, a parent may also ask for a temporary custody order.
How Can a Charleston Family Lawyer Help With a Paternity Case?
If there’s a question of whether you’re a child’s father, call our office immediately to schedule an appointment with an experienced family court attorney to review the documents with you and to advise you as to your possible courses of action, your rights, and your potential responsibilities. Likewise, if you wish to establish the paternity of a child you believe to be your own, contact an attorney in our office to learn about your rights, obligations, and the process to determine the same. Once paternity is established, our Charleston fathers’ rights attorneys can also help you seek custody or visitation.
As a mother, if you are seeking to obtain or enforce an order of support or to establish paternity as to the purported father of your child, contact an attorney in our office to assist you in determining the best course of action and the consequences of bringing an action for paternity and child support. Likewise, if you have been served with paperwork by a man purporting to be the father of your child or children, let us give you the professional legal advice and help you need.
The attorneys at Futeral & Nelson have represented parents in paternity, custody, and child support cases in Charleston, Mount Pleasant, North Charleston, Summerville, and throughout the Lowcountry since 2003. Call us at 843-284-5500 to discuss your situation and your options.
