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.