Establishing Paternity in South Carolina: What Every Parent Should Know

January 1, 2026

Establishing Paternity in South Carolina: What Every Parent Should Know

When it comes to protecting your child’s future, few legal steps are as impactful as establishing paternity. Whether you are a mother seeking child support or a father wanting to assert your parental rights, establishing legal paternity can create clarity, stability, and access to essential benefits for your child. In South Carolina, the process may seem complicated, but working with a knowledgeable paternity attorney can ensure you take the right steps and avoid unnecessary delays.


Why Establishing Paternity Matters

Paternity refers to the legal acknowledgment of a man as the father of a child. When a child is born to married parents, the law automatically recognizes the husband as the legal father. However, for unmarried parents, this determination must be made either voluntarily or through legal action.


Establishing paternity has several benefits:

  • It allows the child to access financial support from both parents.
  • It enables the father to gain custody or visitation rights.
  • It provides the child access to medical history, health insurance, inheritance rights, and other legal benefits like Social Security or veteran’s benefits.
  • It secures emotional and relational connections between father and child.


Without legal paternity, a biological father may have no enforceable rights or obligations regarding the child, which can leave both parents and children in a difficult situation.


How Is Paternity Established in South Carolina?

There are three primary ways to establish paternity in South Carolina:


  1. Voluntary Paternity Acknowledgment
    Both parents can sign a
    Voluntary Paternity Acknowledgment form (also known as a Paternity Affidavit) at the hospital when the child is born or later through the Department of Health and Environmental Control (DHEC). This is the simplest way to establish paternity without going to court.
  2. Court-Ordered Paternity
    If paternity is in dispute, either parent—or the South Carolina Department of Social Services—can initiate a legal action to determine paternity. The court may order
    DNA testing to confirm biological fatherhood. Once established, the court can issue child support, custody, or visitation orders.
  3. Presumption of Paternity by Marriage
    If a child is born during a marriage, the husband is presumed to be the legal father—even if he is not the biological father—unless legal steps are taken to challenge this presumption.


Why Hire a Paternity Attorney?

Navigating the legal system alone can be overwhelming, especially when dealing with emotionally sensitive family matters. A skilled family law attorney can:


  • Help you file the proper paperwork correctly.
  • Represent you in court proceedings.
  • Assist with negotiating custody, child support, and visitation arrangements.
  • Advocate for your parental rights or for the best interest of your child.


At Jason Ward Law, LLC, we know how critical paternity cases are to building a stable future for your family. Whether you’re a father seeking to build a stronger relationship with your child, or a mother ensuring your child has the support they need, we’re here to guide you through every legal step with compassion and clarity.

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