Father's of children born out of wedlock need a Family Court Order to determine paternity and define their rights relating to their child/children.
§63-17-20(b), S.C. Code of Laws provides: (B) 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.
Proceedings to establish paternity, and define visitation or custody can be handled rather quickly. In my experience, many parties have no factual dispute about paternity, but use the lack of court order defining paternity as a shield for the father's rights.
Emergency proceedings are available in Family Court to address immediate issues. Judges have the discretion to grant hearings on short notice. Medical issues and procedures could be presented as a basis for emergency relief.
Christopher P. Biering
bieringlaw.com
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