Do You Need to Establish Paternity?

If you are married and a child is born, the law has a presumption of paternity.  That means, when a child is conceived during a marriage, the husband is presumed to be the father of the child.  We know that is not always the case and what to do in this situation is discussed in another article, here.In this situation, there is a child born to unwed parents.  Just because the parents aren't married doesn't mean there is conflict and problems between the parents creating custody battles and visitation issues.  But, it is when these relationships break up that the issues can arise.SC Code §63-17-20 (B) states that, "Unless the court orders otherwise, the custody of an illegitimate child is solely in the natural mother unless the mother has relinquished her rights to the child. If paternity has been acknowledged or adjudicated, the father may petition the court for rights of visitation or custody in a proceeding before the court apart from an action to establish paternity.""Illegitimate" means that the parents were not married at the time the child was born or conceived. This essentially states that if the parents are unwed then the mother will have legal custody of the child.  In this situation, the father has no rights to the child until he has acknowledged paternity (through an administrative process to have his name placed on the birth certificate) or until his paternity has been determined by the Family Court.Real Life Example: You are an unwed father having a fun weekend with your child.  The child's mother gets mad at you and shows up at your house demanding the return of the child.  This is your weekend with the child (you and she had been operating under an informal agreement for months).  She is so mad that she calls and asks for a law enforcement officer to accompany her to your home.  The officer will require you to return the child to the mother.There are other risks involved as well. If your paternity has not been established and you have not interacted with the child, visited the child, or financially supported the child, the law may not even require the mother to provide you notice if she decides to put this child up for adoption resulting in the termination of your parental rights.