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Legal Information: South Carolina

South Carolina Custody

Laws current as of August 26, 2025

How is paternity established in South Carolina?

According to South Carolina law, paternity can be established through:

  • DNA testing - This test can be requested by the child, the child’s biological mother, the person who’s in charge of the child’s care, someone who believes he is the father, or by an authorized agency.1 
  • Voluntary acknowledgment of paternity - A paternity acknowledgment affidavit can be signed in front of a hospital notary once the baby is born or later at any regional Vital Records office or at the state Vital Records office of the South Carolina Department of Health and Environmental Control.2

Once paternity is established, the court will order that the birth certificate be updated to include the name of the father and will establish a child support order.3

1 S.C. Code § 63-17-10(C)
2 Voluntary Paternity Acknowledgment form
3 S.C. Code § 63-17-70

What types of supervised visitation can the judge order?

Based upon your request (motion) or based upon the judge’s own decision, the judge can prohibit or limit visitation if it’s necessary to ensure the safety of the child or the parent who is a victim of domestic violence.1 The judge can order any of the following types of supervised visitation:

  • that the exchange of the child between the parents takes place in a protected setting;
  • that visitation is supervised by an agency and the parent who is the “primary aggressor” pays the cost; or
  • that visitation is supervised by another person. However, if it’s a household member, the judge must establish conditions to be followed during the visitation.2

1 S.C. Code § 63-15-50(D)
2 S.C. Code § 63-15-50(B), (C)