Parental Rights in South Carolina
South Carolina Parental Rights News
15 Years of Protecting Parental Rights—Together!
The month of February marks the 15-year anniversary of ParentalRights.org. Because of you and your generosity—with financial support, grassroots action, volunteering, calling or emailing your state and federal legislators, and more—we as an organization can celebrate 15 years of protecting children by empowering parents. It’s been a team effort, and we’re just getting started. Over…
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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.
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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).