Myrtle Beach
Paternity Lawyer

Paternity is a term that is used to define the legal fatherhood of a child. It can become very important if you need to establish whether or not a child is actually yours in a child support claim. Myrtle Beach, SC, child custody cases often hinge on proving this, and you may need an experienced paternity lawyer to assist you.

At Indigo Family Law, we are able to help you with all aspects of proving or disproving your fatherhood in regard to the children of your partners. Whether married or not, we can help you with the daunting issues involved in filing or fighting legal actions around paternity.

How the Law Categorizes Fatherhood

Being a functional father who takes care of his children, provides for them, and helps them grow into adults is very different from the law’s definition of fatherhood. Paternity can be established or denied in several categories, such as:

Presumed Father

When you are married at the time of the child’s conception or birth, you are legally considered to be the child’s presumed father. This holds true even if you divorce or annul the marriage before the baby’s birth or within a short time after.

If you think the child was fathered by someone else, you will need to go to court and request DNA testing for yourself and the child to establish that you are not legally responsible for child support.

Acknowledged Father

If you are not married to the child’s birth mother, but you have admitted in court that you are the father, you are considered the acknowledged father. You are legally responsible for child support but do not have legal custody or visitation rights. You will need a paternity attorney to assist you in seeking these rights.

Unwed Father

You are an unwed father if you have had a child with someone but have not acknowledged paternity legally or have not been shown to be the father through a test. You have no right to custody or visitation with the child, but you also have no legal obligation to provide financial support.

Step-Father

If you marry someone who has children from a previous marriage and that man is the established father, you do not have legal or custodial rights to those children. You may perform the duties of a father, but in South Carolina, children can only have two legal parents.

To legally adopt your stepchildren, the father would have to renounce his rights as a parent. This often requires filing a legal motion to establish that he has abandoned the children or that he voluntarily gives up his claim to the children. This relieves him of financial obligations, but he also loses visitation and custody rights.

Establishing Paternity in Myrtle Beach, SC

Paternity is something many people do not think about very often. If you have children with a partner, it is commonly assumed you are their genetic father. However, you may want proof of whether the child is yours or not if you suspect adultery or if you are unmarried and the child’s birth mother says you are the father.

Paternity actions are filed by parents who want to support a claim for child support. They can also be filed by children who want to establish a right to inheritance from the father. In some cases, a person may seek a paternity action to prohibit having to pay child support if the child is not theirs.

If two individuals have never been married, paternity can be established in one of three ways in South Carolina:

• Both parents sign a Voluntary Paternity Acknowledgement (VPA) at the hospital after the child’s birth.
• Both parents complete the VPA form at the State Office of Vital Records at any time after the birth.
• The parents request a DNA test and submit proof to a court which then issues an order stating who the legal father is.

When a child is born to an unmarried mother, the state assigns sole legal custody to that parent. Fathers must file a paternity action such as the VPA or another action to secure their legal rights to the child. Otherwise, they have no say in any decisions regarding the child’s education, healthcare, or religious upbringing.

How Paternity Tests Are Conducted

In South Carolina, most paternity tests are performed using a buccal swab. The inside of your cheek will be swiped with a large medical swab, and the cells will be sent to a lab for testing. Both parents must consent to the testing, and each will receive a copy of the test results. Results can also be shared with the paternity lawyers involved in the case.

Testing is done through the South Carolina Department of Social Services (DSS) or the Child Support Enforcement Division (CSE). Either parent can request a paternity test. The father must complete a Non-Custodial Parent Application for Services and pay a $25 processing fee. There is no charge for the actual test, and results are available in about three to four weeks after the swab is taken.

How Indigo Family Law Paternity Lawyers Help You

Paternity cases are very complex and can be emotionally overwhelming. The individuals involved may or may not have a good relationship. Frequently, they are angry and wish to use paternity to hurt one another. Thankfully, we see many cases where a parent wishes to legally establish fatherhood as a means of providing for and protecting their children.

Paternity concerns are usually tied up with custody, visitation, and child support cases. All of these are part of family law, so a paternity lawyer is qualified to help you review and agree on all of them. As an unmarried father, you need to do more than simply sign a paternity acknowledgment form to put your name on the child’s birth certificate.

We can assist you in working out agreements so that your paternity is established to allow you to have the involvement you want in your child’s life. No matter how complex your situation is, we have the knowledge, experience, and compassion to craft the best legal outcome for you and your family.

Contact a Myrtle Beach Paternity Lawyer for Help Today

Establishing paternity can be complicated for many fathers in South Carolina. When you wish to be absolutely sure that your rights are being protected and your children are cared for, you need guidance from a skilled Myrtle Beach paternity lawyer.

At Indigo Family Law, family matters most to us. We understand how to negotiate divorce, custody, and visitation agreements with the best interests of the children in mind. No matter how bitter couples may feel toward one another, our legal professionals dedicate themselves to keeping things calm and focused on the most beneficial outcome.

If you need help understanding South Carolina’s paternity laws and how they apply to you, do not hesitate to contact us now to schedule a consultation.