Do Women Get Custody Most of the Time in South Carolina?

No. In the past, there was a set of laws called the Tender Years Doctrine in which there was a preference for awarding the mother custody of a child when the child was of the age of tender years. The “Tender Years” were seen to apply to very small children. This set of laws was abolished in South Carolina (see Code §63-15-10). Today, however, we are seeing that the courts do not give preference to either parent. Therefore, if you are a male and are wanting custody of your child in a Family Court case, please call me. Also, if you are not married and are a father of a child then you will need to bring an action in Family Court in order to attempt to get custody. Otherwise, the mother will be presumed to have custody of the child because the two are not married.

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