Wednesday, June 23, 2010

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.


  1. Well, that's what we call fair. In many countries, mothers are always given custody and more rights. I think there's even one country where kids under 7 years old automatically go to their mothers.

  2. Well, it's because many people in different cultures think that it is the mother's role to care for and nurture her children. And the fathers are only there to provide for the family's needs. Many cultures also think that mothers, having carried her baby in her womb for nine months, and having endured the pains of childbirth has had more sacrifice for her kid.

  3. Why, are there states that actually don't give both parents equal rights?

  4. Interesting thought Trudis. It would be interesting to hear an explanation from those that write the laws.

  5. You're right Peter. It is what you call fair and true that in other countries the mothers always have the custody of the child, and fathers are just ordered to support financial needs. I really don't understand why people always think that mothers know what is best for her child or how to take care of the child. What about the fathers who also have the capacity to do so?
    Well, I know I am a woman too. But you can't blame me, a Daddy's girl. My dad was always there to attend my school activities. He is always there to watch me play the piano, and he is always there to witness the most memorable events in my life.
    When my parents separated I've always wanted to live with my father and divorce lawyers (Jacksonville, FL) did everything to grant my wish. And my mother never protested anyway, because she can't attend to my needs because of her busy schedule. I am grateful that family law (Jacksonville FL) here is very straightforward and fair to both the parents, and the child.

  6. What about when the child is born.....who gets to name the wife and I are getting divorced and she is 7 months pregnant...she has told me that my son will not have my last name...can she do that? Do I have any rights or say in that matter?

  7. As long as a mother can divorce without just cause or reason and can expect to be given custody automatically a father has no rights.

    Fathers are at the mercy of their wives. They can suffer marital misconduct by their wives and not be able to divorce without losing their kids, their homes, and most of their paychecks.

    The wife has complete control over a husband that loves their children. He must do as told or lose everthing he has.

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