Parental Rights in South Carolina
South Carolina Parental Rights News
Parents’ Efforts Around the Country Starting to Pay Off!
Across the nation, some state legislatures are starting to adjourn for the year. Others have reached cross-over day, where bills have to pass from one chamber to another or they’re dead for the year. Still other legislatures remain in full swing. All this year, ordinary moms and dads like you, with your energy and passion,…
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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!
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).