What legal rights does a child have regarding parental visitation?
In South Carolina, children have legal rights regarding parental visitation. These rights are established through judicial orders. Depending on the particular circumstances, the court may order physical and/or legal custody, which gives the parent the right to have contact with the child. Generally, a parent may have visitation with the child, but the amount of time and the type of contact is subject to the court’s discretion. The court may also order supervised visitation, which requires that the parent meet with the child in a setting where a court-approved supervisor is present. Visitation may also be limited if the court finds that unsupervised contact would not be in the child’s best interest. Visitation may also be denied if the court finds that the parent is not a suitable parent. Additionally, the court may order what is called “parallel parenting”, which is where both parents maintain equal control over the decisions made about the child’s care. Under this arrangement, the parents may still have visitation with the child, but their interaction is limited to what is necessary to care for the child. Ultimately, a court will make a decision regarding visitation rights based on what it determines is in the child’s best interest, and the court may modify the visitation order at any time. Parents should be aware that if either parent fails to comply with the court’s order, there may be serious consequences. In South Carolina, it is a criminal offense for parents to deny visitation rights to their children without a court order.
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