Parental Rights in South Carolina

South Carolina Parental Rights News

Action Alert: Urge Your State Senator to Support Reasonable Childhood Independence Bill

April 20, 2022

We’re excited to let you know that S. 288, a good bill introduced by Senators Wes Climer, Greg Hembree, and Josh Kimbrell, is moving in the South Carolina Senate Judiciary Committee! S. 288 will protect innocent families from being caught up in child neglect investigations.  S. 288 amends South Carolina law to clarify that a…

Be sure to sign up for alerts!

South Carolina State Law and Parental Rights

At Risk

South Carolina does not have a state statute that explicitly defines and protects parental rights as fundamental rights.

Don't Miss a Critical Issue!

Be sure to sign up for our newsletter to keep posted on parental rights in both your state and nationwide. Through our volunteer network, we monitor the law in all the states. We then pass on important updates and action items.

South Carolina Courts and Parental Rights

"Strict Scrutiny" Applied to Parental Rights

South Carolina courts have repeatedly recognized the rights of parents to oversee the care of their children as a fundamental right deserving of the strict scrutiny standard. However, this precedent is subject to change.

Key recent cases upholding fundamental parental rights include: State v. Whitner, 732 S.E.2d 861 (S.C. 2012), Marquez v. Caudill, 656 S.E.2d 737 (S.C. 2008), Loe v. Mother, 586 S.E.2d 807 (S.C. Ct. App. 2009), and Camburn v. Smith, 586 S.E.2d 565 (S.C. 2003).