South Carolina Law Firm Video Frequently Asked Questions
The rights of a father in a custody dispute differ from case to case based on the facts and circumstances of each specific case. Unwed fathers may very well have no legal parental rights. For an unwed father to gain custodial or visitation rights, he must petition the court for those rights by filing an action. In such an action, there is also the potential for the imposition of a child support obligation. Married fathers on the other hand, probably already have inherent custodial or visitation rights unless they have been limited in some way by a court. Those rights, however, must be further defined by a family court if the married father is separated from his wife. There is no one size fits all rule for what fathers’ rights are or how they can be defined, which is why it is critical if you are a married or unmarried father to seek help from a family attorney who can give you the best chance possible to preserve or pursue your rights to your children.