South Carolina H 4644: Paternity

Bill Text

2025-2026 Bill 4644 Text of Previous Version (Dec. 17, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4644

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
63-17-80 SO AS TO PROVIDE FOR THE DETERMINATION OF PARENTAL RESPONSIBILITY AND 
CHILD SUPPORT AND THE CREATION OF A PARENTING PLAN AND TIME-SHARING SCHEDULE 
FOR A CHILD OF UNMARRIED PARENTS; BY AMENDING SECTION 63-17-10, RELATING TO 
PATERNITY ACTIONS, SO AS TO MAKE CONFORMING CHANGES; AND TO AMEND SECTION 
63-5-30, RELATING TO RIGHTS AND DUTIES OF PARENTS OF MINOR CHILDREN, SO AS TO 
PROVIDE THAT AN UNMARRIED MOTHER AND A FATHER WHO HAS ESTABLISHED PATERNITY ARE 
THE NATURAL GUARDIANS OF THE CHILD.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Article 1, Chapter 17, Title 63 of the S.C. Code is 
amended by adding:

 Section 
63-17-80. Regardless of how paternity is established under the provisions of 
this article, the determination of parental responsibility and child support 
and the creation of a parenting plan and time-sharing schedule must be 
established in an action brought pursuant to Section 63-17-10(D). This section 
may not be construed to prevent the Department of Social Services from 
establishing child support by an administrative order pursuant to Section 
63-17-710.

SECTION 2. Section 63-17-10(D) of the S.C. Code is amended to 
read:

 (D) If an action is brought under this 
article prior to the birth of a child, all proceedings must be stayed until 
after the birth of the child except the service of a summons and the taking of 
depositions or other discovery procedures. After the birth 
of the child, a parent may request a determination of parental responsibility 
and child support and for the creation of a parenting plan and time-sharing 
schedule pursuant to Chapter 15, Title 63.

SECTION 3. Section 63-5-30 of the S.C. Code is amended to read:

 Section 
63-5-30. (A) 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.

 (B) The mother of a child born out of 
wedlock and a father who has established paternity pursuant to Chapter 17, 
Title 63, are the natural guardians of the child and are entitled and subject 
to the rights and responsibilities of parents. If a father has not established 
paternity pursuant to Chapter 17, Title 63, the mother of a child born out of 
wedlock is the natural guardian of the child and is entitled to primary 
residential care and custody of the child unless the court enters an order 
stating otherwise.

SECTION 4. This act takes effect upon approval 
by the Governor.

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This web page was last updated on December 17, 2025 at 01:07 PM