Per South Carolina family law statutes and relevant case precedent, parents without primary physical custody retain substantial rights concerning their children. These rights persist regardless of custodial status, subject to applicable court orders and the child’s best interests.
Non-custodial parents generally receive ” reasonable visitation ” when spending time with their children. This could mean every other weekend, split holidays, or whatever schedule works for everyone involved—as long as a judge approves it as good for the child. Some families keep it super structured (“Jimmy stays with Dad from 6 pm Friday to 6 pm Sunday”), while others play it by ear.
The whole decision-making process is fascinating. If both parents share legal custody, they get a say in the big stuff, like whether Junior needs braces or which high school he’ll attend. However, if one parent has sole legal custody, the other parent might get updates rather than a vote. They still have a right to know what’s going on, though.
According to state law, non-custodial parents maintain unobstructed access to their children’s records – medical files, report cards, you name it – unless explicitly prohibited by court order. Schools and doctors typically can’t play favorites between parents here.
What important stuff about the kid’s life does the non-custodial parent need to know? If little Sarah breaks her arm or is switching schools, that parent should be in the loop. And here’s a crucial point that often gets overlooked: You can’t deny visitation just because someone is behind on child support. Those are separate issues, legally speaking.
Should circumstances materially change – maybe somebody’s moving across the country or serious concerns about the child’s well-being – the non-custodial parent can petition the court to revisit the custody arrangement. The court takes a particularly dim view of parental alienation, where one parent tries to poison the kid against the other.
The bottom line? If you feel your rights are being stepped on, you can file a motion asking the court to enforce the existing order. The family court has broad authority to ensure compliance through various remedial measures.
This document provides general guidance only and should not be construed as legal advice. For your specific situation, consult with a qualified attorney.
