When separating from your child’s other parent, even simple decisions can feel complicated. You may wonder what you can do on your own – or what to do if the other parent makes a choice without telling you.
Custody agreements can feel overwhelming. If you are unsure of what you can do, it’s time to contact a Myrtle Beach family law attorney you trust. At Indigo Family Law, we believe in helping you understand your agreement so you can keep making the best choices for your family.
=”font-weight: 400;”>Understanding Your Rights as a Parent
In a situation where parents are currently married or the custody agreement grants joint custody, both parents have the right to make decisions about their child’s education, including the location of their education. This can change depending on legal interventions such as protective orders or child custody agreements. The South Carolina code section 63-15-210 identifies two types of custody agreements as follows:
- Joint Custody: This means that both parents have equal rights for all major decisions, such as educational, medical, or religious decisions. In some cases, the judge may determine that one parent will have sole authority to make specific decisions, but both parents would be responsible for all other responsibilities and decisions.
- Sole Custody: When one person has complete responsibility and authority for a child’s well-being and affairs, including educational, medical, or religious. This may be a parent but can also be a legal guardian.
A parent’s specific requirements and responsibilities after a divorce vary based on the specific facts of your case. This is where it may be helpful to have a family law lawyer who knows the system, where things may deviate, and is able to explain what that means to you. Understanding the specifics of your custody agreement will ensure you are not violating it and risking contempt.
How Does Custody Affect Your Rights
While the types of custody agreements are typically divided into sole and joint, the courts will also determine physical and legal custody. Physical custody refers to who the child physically lives with and who is responsible for their day-to-day care. Legal custody refers to the authority to make decisions about school, religion, or medical needs.
According to the above source, parents will frequently be awarded joint legal custody and sole physical custody. Both parents have the right to make decisions regarding their child, but they will physically reside with one parent. With few exceptions, South Carolina requires minimum visitation or parenting time for the noncustodial parent, but the amount is determined on a case-by-case basis.
“font-weight: 400;”>Registering Your Student
When registering your student, the school assumes that you are abiding by any court orders or custody agreements present. This means that you will be able to register your child for school with the following documentation according to the Horry County Schools registration page:
- Your state ID
- Proof of residence (This is usually a power bill or bank statement)
- Child’s birth certificate
- Vaccination records or exemption form
It is not unheard of for a parent to register a child to reserve a spot in the school before seeking agreement or permission from the other parent. Still, if the other parent disagrees, the issue may be escalated. Your initial step should be to consult the custody order to determine if you have sole or joint legal custody.
If you have sole legal custody, you can register your child and make educational decisions without consulting the other parent. With joint legal custody, the other parent must participate and give permission. If you cannot agree, take the issue to a judge, whether or not the child is already registered.
“font-weight: 400;”>Who is Responsible?
The school will not release your child to someone who isn’t approved. They won’t check if the enrolling parent has the right to register them however. If you’re not on the birth certificate, the school may ask for extra documents. Always make sure you follow the custody agreement when registering your child.
What are the Consequences?
In many cases, registering your child for school without the other parent’s permission leads to internal discussions. It may escalate to mediation or a judge deciding the issue. In more serious or repeated violations, the consequences can be more severe, including the following.
“font-weight: 400;”>Contempt of Court
If a parent fails to follow a court order or custody agreement, the court can hold them in contempt. Family courts most often use coercive civil contempt to enforce compliance with the custody agreement, usually with a conditional sentence that ends once the parent follows the order.
The court can also use compensatory civil contempt to seek reimbursement or damages. In more serious cases, a judge may impose criminal contempt to punish disobedience, which can include fines or jail time.
Custodial Interference
If a parent registers a child in a new school after moving out of state—or hides the child from the other parent—the court may consider it custodial interference.
South Carolina code 16-17-495 allows the court to charge custodial interference as a misdemeanor or felony, depending on how long the child was concealed and whether force or violence was used.
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Felony: Fine, up to 5 years in prison, or both
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Misdemeanor: Fine, up to 3 years in prison, or both
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Felony (with aggravating factors): Fine, up to 10 years in prison, or both
Modifying the Custody Order
If a parent enrolls a child in school without notifying or getting permission from the other, the court may modify the custody order. If the action counts as custodial interference, it could lead to changes in physical or legal custody. While modification of the order is not always the first step when one parent is not compliant with a custody arrangement, every case and situation is different. If you have questions or concerns regarding your custody order you should consult with a reputable family law attorney with Indigo Family Law.
“font-weight: 400;”>Payment of Fees
If a parent violates a custody order, the court may make them pay attorney fees and costs. This includes the fees for both parties since the abiding parent wouldn’t have needed an attorney if not for the other party. Failure to make payments may lead to further fines, confinement, or garnished wages.
Protecting Yourself
Sometimes these situations happen without bad intent. A parent may think the decision is theirs to make, or assume the other parent agrees—or simply won’t care. Other times, a parent may enroll a child without approval to avoid or hide from the other parent. Whatever the reason, it’s best to protect yourself with a few simple steps.
First, communicate clearly with your co-parent in writing about school, medical appointments, and activities. Keeping communication in writing protects you if the other parent claims they didn’t receive information or didn’t give consent. You can use designated parenting apps or set up an email account with read and delivery receipts for your records.
Finally, remember that perception matters. Be mindful of how you present yourself in public, in court, and on social media. Avoid drugs or alcohol, and appear prepared and put together when in court.
“font-weight: 400;”>Speak With a Family Law Attorney in Myrtle Beach
Consulting an attorney helps you build a strategy that protects your reputation. Even small mistakes—like enrolling your child without checking with your co-parent—can appear malicious and lead to serious consequences.
An attorney can help you act quickly, enforce the custody agreement, and hold a non-compliant co-parent accountable. Skilled professionals handle messy and volatile divorce and custody cases most effectively.
Don’t hesitate to book a consultation with Indigo Family Law.