Are you a father preparing for or already going through a divorce in South Carolina? If you have young children, you may have a lot of questions about your rights. The key to know is that as long as paternity has been established, fathers have equal rights to mothers in a divorce. As a Charleston divorce mediator, I am providing an overview of the rights that fathers have in the divorce process in South Carolina.
Background: Paternity is the Basis of Father’s Rights
A father’s rights arise from paternity. For married couples, paternity is automatically assumed for children born during the marriage—granting fathers immediate rights. It is a legal presumption that simplifies the process for fathers to exercise their parental rights if a divorce happens, including for child custody and child support.
However, for children born prior to marriage or where the parents were never married, fathers do not automatically acquire rights. In such cases, the father must take specific legal steps to establish paternity. Otherwise, the man claiming to be the father of the child will have no legal rights. Further, if a man’s wife had a child from prior relationship, a stepfather will have very limited rights regarding that child in a divorce.
Know the Law: Fathers Have Fundamentally Equal Rights in Child Custody Cases
The Supreme Court of the United States has ruled that divorce law is gender neutral. In the 1979 case of Orr v. Orr, the nation’s highest court invalidated an Alabama state statute that barred men (husbands) from seeking spousal support (alimony). The decision in Orr v. Orr established the foundation for family laws across the country, including in South Carolina. A state cannot have divorce laws that automatically disadvantage a person based on their gender.
Fathers have the same rights as mothers in a South Carolina divorce. Specifically, fathers are entitle to these rights:
- The Right to Seek their Fair Share of the Property: Fathers are entitled to their fair share of the marital property. South Carolina follows the principle of equitable distribution—where the court divides property fairly. It may or may not be an equal split. Still, a father has no less right to seek marital property than a mother.
- The Right to Seek Child Custody: Fathers have the same rights as mothers to seek custody of their children. The court’s primary concern is the best interests of the child, with factors including the child’s welfare, the parent’s ability to care for the child, and the maintenance of a stable home environment. Fathers can seek full custody, joint custody, or visitation rights. A mother does not automatically get custody of the child in South Carolina.
- The Right to Seek Child Support: If a father is granted primary custody of a child in a Charleston divorce, he also has the right to seek child support from the mother. The amount of child support is generally determined by reference to a formula in the South Carolina Child Support Guidelines.
These Child Support Guidelines are based on the income of both parents, the number of children, who is paying for health insurance for a child, who is paying work-related child care for the child, and the custody arrangement. Though, deviation from the Guidelines may be appropriate in some cases, fathers have no less right to seek child support than mothers. - The Right to Seek Spousal Support: In South Carolina, a father can also be awarded spousal support (alimony). South Carolina does not have a specific mathematical formula for calculating alimony.
The determination of alimony considers the duration of the marriage, the standard of living during the marriage, and each spouse’s earning capacity, and, potentially, other factors. An award of alimony is not guaranteed in any divorce case in South Carolina. However, fathers have just as much right to seek alimony as mothers.
Why Mediation Can Be a Great Option for Couples Going Through a Divorce
A divorce does not have to be a nasty, lengthy, and expensive court battle. Most fathers and mothers do not want to engage in an intense child custody. They simply want to protect their parental rights and get a fair divorce settlement.
Mediation offers a less adversarial and more cost-effective alternative to divorce litigation. It allows for more flexible and creative solutions tailored to the specific needs of both parties and their children. Through mediation, fathers can actively participate in crafting custody arrangements, financial support agreements, and property division. Beyond that, mediation can preserve amicable relationships and reduce conflict. It could be the best way to move forward for you and your family.
Your Divorce Doesn’t Have To Cost You A Fortune.
Get Started NowGet Help From a Top-Tier Divorce Mediator in Charleston, South Carolina
At Charleston Divorce Mediators, LLC, we provide solutions-driven mediation services. You do not need an attorney to get a divorce. Mediation can be faster, less stressful, and it can save money. Schedule your confidential initial appointment today. From our office in Charleston, we provide divorce mediation services to fathers throughout the surrounding region in South Carolina. We also use Zoom to mediate divorces outside of the Charleston area.
About Kenneth Peck
Kenneth Peck is a certified Charleston Family Court Mediator with more than 40 years of experience as a divorce attorney. He uses his knowledge and experience to guide couples in negotiating divorce settlements so they can save money, complete the divorce process quicker, and get better outcomes than they would at trial.