The birth of a child is a momentous occasion. The responsibility of caring for a baby is both exhausting and exhilarating, and the challenges of raising a child are generally outweighed by the joys. For married couples, there are certain things that are taken for granted when a baby is born. The child is generally given the father’s last name, and the duties of caring for the child and the excitement of watching them grow are shared. In cases involving couples who are not married or involved in a committed relationship, these issues are often left at the discretion of the mother. At Lauren Taylor Law, our child custody attorney knows that the fact that a father is not married to or living with or even in a relationship with the mother of his child does not impact the feelings he may have for his son or daughter, or his desire to be involved in their life. Unfortunately, the rights of unmarried fathers are not clearly defined in the state of South Carolina. The first step in establishing yourself in your child’s life is to establish legal paternity.
Establishing Paternity
Jump Ahead To
According to South Carolina Fathers and Families , a statewide advocate providing information and support for fathers, 50 percent of children in the Palmetto State are born to unmarried parents. Despite this fact, the State of South Carolina offers little in terms of legal rights to biological fathers, especially in cases where paternity has not been established. In most cases, it is up to the mother to list the father of the child on the birth certificate. If this has not been done, the first step in establishing your rights as a father is establishing paternity . This can be done in several ways:
- By signing a Paternity Acknowledgment Affidavit, either before the baby is born, in the hospital or at a later date at the SC Department of Health and Environmental Control (DHEC). This is a voluntary acknowledgement that will need to be signed by the mother of the child as well.
- In the event the mother is unwilling to sign the affidavit, you can establish paternity by applying to the South Carolina Department of Social Services (DSS)./Child Support Services Division . You can request a DNA test be conducted to prove that you are the father, and an administrative hearing will be held in which the results of the test will be presented. If it is determined that you are the father, you will receive an administrative order which you can use to have your name added to the child’s birth certificate.
Once you have established paternity, you can request to be placed on the DSS Father Registry . This will ensure that you are notified in the event that the birth mother of your child has her rights to the child terminated for any reason, and will also notify you if she should decide to place the child for adoption.
Contact Our Experienced South Carolina Family Law Attorney
If you are an unmarried father who wishes to establish paternity of your child, contact our experienced South Carolina family law attorney At the Lauren Taylor Law, we provide caring, comprehensive legal service and the kind of aggressive legal representation to ensure your rights are protected. Serving Greenville and the entire Upstate area, call or contact us online today for an initial consultation.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her husband Michael and her golden retriever, Buster.