Law for Young Adults

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seeking to establish paternity can file an action requesting that paternity testing occur and that the court declare the rights, duties, responsibilities and obligations related to that paternity. The actual DNA testing can be arranged through the office of the clerk of court although the fees for the testing must be paid in advance. You may check with your local clerk of court’s office to determine the cost of paternity testing.

those circumstances, South Carolina has a Responsible Father Registry which allows a man who has fathered a child with a woman to whom he is not married to be notified if an adoption or termination of parental rights action occurs. A putative father may register before or after the birth of the child. Any man who thinks he is the father of a child by a woman to whom he is not married may register as a responsible father (S.C. Code Ann. § 63-9-810).

How is child support determined? Once paternity has been established, the family court can set child support pursuant to South Carolina Child Support guidelines (www.state.sc.us/dss/ csed/calculator.htm). The family court uses a calculation which includes the income of each of the parents and various costs (health insurance, extraordinary medical expenses and daycare expenses) for the child. Through a calculation set by law, child support can then be determined. Child support can be paid on a weekly, bi-weekly, semimonthly or monthly basis. It may be paid directly to the custodial parent or paid through the clerk of court’s office, with an administrative fee added to the payment. For additional information concerning paternity testing and child support, go to www.state.sc.us/dss/csed/faqs.htm.

MARRIAGE AND PARTNERSHIPS

Can I place my child for adoption? Parents may allow their child to be adopted if both parents give written consent to the adoption (S.C. Code Ann. § 63-9-330). The court can allow the adoption of a child without the consent of a father if that father has never exercised any of his rights, duties, responsibilities and obligations related to the child (S.C. Code Ann. § 63-9-310). Can a child be taken away from a parent? Parenting is both a right and a responsibility. If a parent cannot meet his or her responsibilities to a child or if the parent causes the child to be in circumstances which could be harmful to the child’s health or welfare, the family court may remove the child from that parent’s custody. Can I protect my rights as a putative father? A putative father is a man who has fathered a child with a woman to whom he is not married. Under 29

Now that you are 18, you may be considering marriage. This is not a decision to take lightly though, and very few people take the time to learn about South Carolina’s laws pertaining to marriage before they marry. How does South Carolina define marriage? Marriage is a contract between a man and a woman and can be entered into in two ways—traditionally by applying for a license and having a ceremony or by entering into a common law marriage. Where can I get a marriage license? Marriage licenses are applied for through the Probate Court in most counties in this state. A marriage license will be issued once a properly completed application has been submitted and after a 24-hour waiting period has expired from receipt of the application (S.C. Code §§ 20-1-220, 230). There is an application fee. It is a misdemeanor to provide false information on the marriage license application (S.C. Code § 20-1-280). Once you have your marriage license, you may have a minister of the Gospel, a Jewish Rabbi, a chief spiritual leader of a Native American Indian entity, or a person authorized to administer oaths in this state, which include notary publics, perform the marriage ceremony (S.C. Code § 20-1-20). What name can I use when I marry? You can take your spouse’s surname or keep your own. You can hyphenate your last name. You will have to send notification of your name change and a copy of your marriage license to the Social Security Administration (www.ssa.gov, Form SS-5) the DMV (you must visit a DMV office, Form 4057) and any other place that you have an account of any


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