When is Custody Established? Rights and Duties of Parents

A lot of people wonder who has custody when a child is born and what are the rights of the mother and father, particularly if they are not married or living together.  Many times Fathers want to know their rights and wonder if they have any rights.  Unless otherwise determined by Court, South Carolina (§ 63-5-30) spells out the rights of the biological parents of a child.

According to the statute,

“[t]The mother and father are the joint natural guardians of their minor children and are equally charged with the welfare and education of their minor children and the care and management of the estates of their minor children; and the mother and father have equal power, rights, and duties, and neither parent has any right paramount to the right of the other concerning the custody of the minor or the control of the services or the earnings of the minor or any other matter affecting the minor. Each parent, whether the custodial or noncustodial parent of the child, has equal access and the same right to obtain all educational records and medical records of their minor children and the right to participate in their childrens’ school activities unless prohibited by order of the court. Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to custody of the child.”

For more information on your rights, consult an attorney regarding your specific situation.

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19 Responses to When is Custody Established? Rights and Duties of Parents

  1. Menem says:

    So basically, the law is saying that both parents have equal rights and responsibility over the child? How come there’s a small caveat that the Court can change this?

    • Naveen says:

      Going threw a Divorce puts you threw a emotionalRoller Coaster ride.. evirytheng and all is brought to the table. She is an emotional wreck right now, leaving her might make her even more emotionally drained.Just tell her how you feel and let her know you want this relationshipto work Be there Physically and emotionally.Yes, she will get a little mental on you But, that’s all part of the Stress she is under.

    • Herru says:

      Whatever you do, things to not do are talk in any way bad about the mtheor, the judge will not look good on this. How old is your son? I wouldn’t say you want just visitations, why does the other parent think that just because one parent took the kid, that they can’t get custody? If you have been the sole provider, you have a stable job, a stable home, you have a very good chance of taking him. I would ask to be the custodial parent (the one with whom the child lives with.) You will have to somehow word how she took the child without you knowing, and you fear that she may try and flee with him where you will not be able to see him again. If you aren’t able to be custodial parent, ask for half the year with him. You just go down the line from there, like okay if you can’t have him half year, you want holidays, weekends, summer etc. Don’t ask for the lowest of what you want, go above it.

  2. Mon says:

    “Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to custody of the child.” Does this mean that the parent who was awarded the custody of the child has more authority ove r the other parent? If so, then it contradicts the earlier provision that they have equal rights over the child?

  3. Jessica Lindsay says:

    The leeway that the law gives the court is one of the reasons why you should consult a good family lawyer because each of us have different circumstances and what may work for one may not work for the other.

    • Sachin says:

      Speaking as someone who has been there going thru a dicovre sucks. I commend you for taking care of her her son as you do. I’m sure she probably means nothing personal to you you just happen to be the scapegoat while she is going through this difficult time. If you really know that you want to be with her just listen don’t take it to heart when she gets crazy. Let her know that you are there for her to listen she needs you not only as a bf, but as a friend as well. I know it’s hard to pay for what she is going through with her ex, but if you really care about her her son you can stick it out. Good luck.

  4. Vittorio says:

    One of the reasons why I have always been reluctant to file for divorce was the thought that I’d lose custody of my kids. I’ve always thought that custody laws were biased against men. I know my ex-wife is a good provider, but I still have this dread that I won’t see my kids as much as I want to.

  5. Erik S. says:

    This applies to all children, right? Whether they are legitimate or illegitimate… as long as they are minors?

    • arifien says:

      Just be there for her. understand that she will be eftcefed by the divorce. Let her know that you are there to help her and want to help her, but also let her know it gets hard for you sometimes. talk about it try to put time aside to talk about the situation. make time for the three of you, time that you don’t discuss the divorce. just be honest with her and be supportive, don’t ignore her.

    • Guillermo says:

      Well I was in your situation not to long ago, I ptiteioned the court for 50/50 custody, but the ex wanted full custody. Went in front of the judge for an interim order, as my ex would not let me see my son since I started court proceding. Well, the first thing the judge asked was what do you want and why. I told him, then he asked the ex why she didn’t agree. She made up some BS and the judge saw right through it and basically agrued with her on my behalf until she finally agreed to everything I asked for. What was meant to be an interim court date actually ended up being the final court date. I wish you best of luck, and hope you have a fair judge.As far as your job goes, screw them if they can’t allow you time to take care of your family affairs. If you have to find another job then do it. No job is worth putting it before you family. Most parents half to work, so I seriosly doubt the judge will hold that against you. Good luck.

  6. Usurper says:

    It’s a bad time to be pregnant, but I am seven months on the way. I have divorced the baby’s father, but he knows my due date. Would he be able to file for custody???

    • Muhammad says:

      So he will fight anything just to fight you? Ask him what he wants to do? Does he care to see the chirdlen? Does he want joint custody? If you let him think he is in control then he will back down. But if he think he is pushing your buttons then he will keep doing it just to piss you off. I do have to say your spelling and grammar is pretty bad. I would suggest seeing lawyer and not do this yourself or you will get screwed and not in a good way.

  7. Gus Bainbridge says:

    I have an illegitimate child with a woman I barely knew. We were married for 2 weeks before filing for divorce… right after the honeymoon. I found out that she was pregnant during that time with my kid. My son was born and I wanted visitation rights. But when I did so, I was told to get a paternity test as I was named in the boy’s birth certificate. What would you suggest I do?

    • Johnny says:

      1. You should file for full cudsoty and legal, but be willing to share legal cudsoty, as the father’s fight stance intended to make you fear him is fruitless. There are state laws that determine what child support will be set at for three kids, and you are the one whom is doing the raising. You need to be working so if child support takes time to get rolling that you are not devastated in the account goes into arrears. Try not to mention the boyfriend much either, as infidelity is a small strike against you in court.Get a non- big name lawyer whom will actually work for you. Your post suggests that you are not too strong in law or writing. Good luck to you and your kids.2. AFTER THE DIVORCE: You should always be gracious about visitation, and always insist that he do any talking about finances and concerns over how to raise the children to the adults ONLY, leaving the kids out of it. NEVER run his name down in front of the kids. Make sure he gets to have fun with the kids if he changes his demeanor.

  8. Penny says:

    My friend is in a sticky situation. She was unfaithful with her husband and got pregnant in the process while still very much married. The child is her boyfriend’s. Even if they are separated, the husband has claimed that the baby is his and said that he would have to be named as the father of the baby in the birth certificate. I know that the legal presumption is that any child born into a marriage is presumed to be the husband’s but my friend wants a clean start with her boyfriend. What should she do?

    • Urdea says:

      If you don’t want a huge fight that you may not win, you file as the custodial paenrt with joint legal decision making and provide him with reasonable visitation. He can dispute child support all he wants, a judge will be determining how much he is to pay you. Depending on your state, you can either print the paperwork off online or go down to the courthouse and they will tell you which forms you’ll need. You fill them out and return them with a fee (if you’re low income you can get it waived). Then he’s served and the fighting begins. He will either contest the custody paperwork or not he cannot contest the divorce or child support paperwork.

    • Jose says:

      That depends on the woman. Some women just don’t have that mommy itcinnst and should probably never have had kids in the first place. And some women realize that the children will be better off with their ex due to job, finances, travel schedule or whatnot But as you have written this, it sounds like she gave away custody because you did not want children that is a huge red flag. That sounds like a mother that is always going to put the guys first in her life and that is fine for the guys if you can have it on your consciense that the children are being neglected for you. And more than likely that woman is not going to be staying with one person for very long at a time. Was this answer helpful?

  9. Ine says:

    Its extremely flrgiae for you There is so much more individuals need to find out about themselves and whom they are most compatible with after divorce. She hasn’t done that she is remaining in a comfort zone of having a significant other around. The problem is once she finds herself, she more than likely will find someone else better suited for that person could be a year , it could be 10 yrs down the road and your out of the picture, just for being a nice guy.

  10. Shafiq says:

    There would be some differences..child don’t have the coipng skills that an adult child would have, but over time, children adjust to divorce of their own parents. Adult children deal with the issues differently due to the fact that they are ability to see the deeper issues of their parent’s divorce where a younger child would not be able to do.

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