In South Carolina each parent has equal rights concerning the minor child(ren) regardless of who has custody of the minor child(ren) unless these rights are prohibited by the court. This means each parent has equal rights to all educational records, medical records, and the right to participate in their child’s school activities. If you are the biological parent or legal parent of a child and no Order exist or the Order does not restrain your rights then you have equal rights as stated in the statute below. It is important to read an Order of the Court very carefully. As always, the best interest of the child is the paramount concern of the Court. The full language of the statue can be found below.
S.C. Code§ 63-5-30 Rights and duties of parents regarding minor children:
The mother and father are the joint natural guardians of their minor children and are equally charged with the welfare and education of their minor children and the care and management of the estates of their minor children; and the mother and father have equal power, rights, and duties, and neither parent has any right paramount to the right of the other concerning the custody of the minor or the control of the services or the earnings of the minor or any other matter affecting the minor. Each parent, whether the custodial or noncustodial parent of the child, has equal access and the same right to obtain all educational records and medical records of their minor children and the right to participate in their children’s school activities unless prohibited by order of the court. Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to custody of the child.
Attorney Alex Kornfeld is a Family Law Attorney in Greenville, South Carolina. He serves clients in the area of Child Custody Law, Divorce, Child Support, and Parental Rights. If you are facing a Family Law issue, contact him today.