Parental rights that might be available after separation
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Parental rights that might be available after separation

| Jun 21, 2021 | Divorce

If you share children with a significant other, you will still be responsible for raising those children after you end your romantic relationship. South Carolina law generally allows parents to obtain parental rights to their sons or daughters unless there is a compelling reason to deny certain rights.

Will you have custody or visitation rights?

A parent who receives physical custody of a child is generally the person who is deemed to be the most fit to be that minor’s primary caregiver. However, your partner might receive sole custody even if you are capable of raising your son or daughter. This may happen if you live in another state, work an irregular schedule or otherwise can’t be there for your child on a regular basis.

In such a scenario, you’ll likely have visitation rights, and it may be possible to negotiate the right to have your child stay at your home overnight on occasion. It’s also important to note that child custody plans may allow you to have legal custody, which allows you to make decisions about your child’s upbringing even if they don’t live with you.

What to know about visitation

Typically, parents are given the opportunity to spend time with their children without any oversight. However, a judge may decide that it’s in the best interest of your son or daughter to allow supervised visits only. It’s also possible that you will only be allowed to contact your child by phone, email or through social media.

An attorney may be able to help you obtain legal rights to your children after a divorce or separation. Your attorney might use witness statements, medical records or other evidence to show that being in your child’s life is in his or her best interest.

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