Paternity Agreement
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VOLUNTARY PATERNITY ACKNOWLEDGMENT

AND PARENTING & SUPPORT AGREEMENT

(State of South Carolina)


I. DOCUMENT HEADER

  1. Parties
    a. Mother: [FULL LEGAL NAME], residing at [ADDRESS] (“Mother”).
    b. Putative Father: [FULL LEGAL NAME], residing at [ADDRESS] (“Father”).
    c. Child: [FULL LEGAL NAME OF CHILD], born [DATE OF BIRTH] in [COUNTY], South Carolina (“Child”).
    d. Effective Date: [DATE] (“Effective Date”).

  2. Recitals
    A. Mother and Father are the biological parents of the Child.
    B. The parties desire to voluntarily and formally acknowledge Father’s paternity, establish parental rights and obligations, and provide for the Child’s support, welfare, and best interests in accordance with the laws of the State of South Carolina, including without limitation Title 63, Chapter 17 of the South Carolina Code of Laws.
    C. Consideration for this Agreement includes the mutual promises herein, the benefits conferred upon the Child, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged.


II. DEFINITIONS

For purposes of this Agreement, the following terms have the meanings set forth below:

“Agreement” means this Voluntary Paternity Acknowledgment and Parenting & Support Agreement, including all Exhibits and Schedules hereto.

“Department” means the South Carolina Department of Social Services, Child Support Services Division, or any successor agency.

“Family Court” means the Family Court of the State of South Carolina having jurisdiction under applicable venue rules.

“Guidelines” means the South Carolina Child Support Guidelines in effect on the date a support obligation is calculated or modified.

“Rescission Period” means the period during which either parent may rescind a voluntary paternity acknowledgment under 42 U.S.C. § 666(a)(5)(D) and applicable South Carolina regulations (currently sixty (60) days from execution).

“Support Obligation” has the meaning assigned in Section III.4.

[// GUIDANCE: Add additional defined terms as needed for parenting schedules, healthcare, life insurance, etc.]


III. OPERATIVE PROVISIONS

  1. Voluntary Acknowledgment of Paternity
    a. Father hereby voluntarily and irrevocably (subject to the Rescission Period and Section III.2) acknowledges that he is the natural and biological father of the Child.
    b. The parties shall execute South Carolina Vital Records Form DHEC #0672 (or any successor form) and submit it for filing within five (5) business days after the Effective Date.
    c. Upon filing, the acknowledgment shall have the legal effect of a judgment of paternity pursuant to S.C. law.

  2. Genetic Testing
    a. Either parent may, within the Rescission Period, request genetic testing at his or her sole expense through an accredited laboratory meeting federal accreditation standards.
    b. If testing excludes Father, the parties shall cooperate to rescind the acknowledgment and amend the birth certificate.
    c. If testing confirms paternity, the acknowledgment shall remain in full force without further action.

  3. Parental Rights & Responsibilities
    a. Custody and visitation rights shall be as set forth in Exhibit A (Parenting Plan) or as later ordered by the Family Court.
    b. Both parents shall have equal rights to access education, medical, and other records pertaining to the Child, unless otherwise limited by court order.

  4. Child Support
    a. Calculation: Support shall be calculated in accordance with the Guidelines based on the parties’ respective incomes, allowable deductions, and other relevant factors. The Initial Support Obligation is set forth in Schedule 1.
    b. Health Insurance: Father [or Mother] shall maintain health insurance for the Child as reasonably available. Uncovered medical expenses shall be allocated [PERCENTAGE SPLIT].
    c. Payment & Enforcement: Payments shall be made by income withholding through the Department unless the parties mutually agree to direct payment and so inform the Department in writing.
    d. Modification: Either party may seek modification upon a substantial change in circumstances or as required by the Guidelines.

  5. Tax Dependency Exemption
    The parties agree that [SPECIFY ALLOCATION OF DEPENDENCY EXEMPTION], subject to continued compliance with the Support Obligation and Internal Revenue Code requirements.

  6. Life Insurance
    Father shall maintain a policy of life insurance in the minimum face amount of $[AMOUNT], naming the Child as irrevocable beneficiary, until the Child reaches the age of majority or is otherwise emancipated.

  7. Educational & Extracurricular Expenses
    [DESCRIBE COST-SHARING ARRANGEMENTS OR INSERT “RESERVED”.]

  8. Conditions Subsequent
    Failure of either party to comply with Section III.1(b) (filing of acknowledgment) within the stated period shall render this Agreement null and void ab initio.


IV. REPRESENTATIONS & WARRANTIES

  1. Each party has full legal capacity and authority to enter into and perform this Agreement.
  2. The information provided herein is true, complete, and accurate to the best of each party’s knowledge.
  3. The execution of this Agreement is voluntary and free from duress, coercion, or undue influence.
  4. Mother represents that she was not married to any person other than Father at the time of the Child’s conception or birth, OR that any prior presumed father has executed a Denial of Paternity in statutory form.
  5. No prior court order is in effect that conflicts with the terms of this Agreement.

Representations and warranties shall survive execution and filing of the acknowledgment.


V. COVENANTS & RESTRICTIONS

  1. Affirmative Covenants
    a. Each parent shall foster a positive relationship between the Child and the other parent.
    b. Each parent shall provide the other with updated contact information within ten (10) days of any change.

  2. Negative Covenants
    Neither parent shall remove the Child from the State of South Carolina for more than [NUMBER] consecutive days without prior written consent of the other parent or court order.

  3. Notice & Cure
    A party alleging breach shall deliver written notice specifying the breach. The breaching party shall have ten (10) days to cure monetary defaults and thirty (30) days to cure non-monetary defaults, unless the breach threatens the Child’s immediate welfare.


VI. DEFAULT & REMEDIES

  1. Events of Default
    a. Failure to pay support when due.
    b. Violation of custody or visitation provisions.
    c. Failure to maintain required insurance coverage.

  2. Remedies
    a. Statutory enforcement through the Department and Family Court, including income withholding, contempt, interception of tax refunds, liens, and license suspensions.
    b. Attorney’s fees and costs shall be awarded to the prevailing party in any enforcement action.
    c. The Family Court may impose graduated sanctions up to and including incarceration for willful contempt affecting the Child’s welfare.


VII. RISK ALLOCATION

  1. Indemnification
    Not applicable pursuant to the Metadata; each party’s liability is limited to his or her statutory child support and related obligations.

  2. Limitation of Liability
    In no event shall either party be liable to the other for consequential, punitive, or exemplary damages arising from parental disputes, except as expressly provided by South Carolina law with respect to child-related expenses.

  3. Force Majeure
    A party’s temporary inability to exercise visitation or comply with specific parenting provisions due to acts of God, natural disasters, or declared emergencies shall not constitute a breach; however, support obligations remain unaffected absent court modification.


VIII. DISPUTE RESOLUTION

  1. Governing Law
    This Agreement and any disputes hereunder shall be governed by the substantive and procedural laws of the State of South Carolina (“state_paternity_law”).

  2. Forum Selection
    Exclusive jurisdiction and venue lie in the Family Court of the appropriate South Carolina county (“state_family_court”).

  3. Arbitration
    Arbitration is not available for paternity or child support matters under South Carolina law; any dispute shall be resolved solely by the Family Court.

  4. Jury Waiver
    The parties acknowledge that actions in Family Court are tried without a jury (“no_jury_family_court”).

  5. Injunctive Relief
    Nothing herein limits the Family Court’s authority to enter ex parte or other injunctive orders to protect the Child or enforce support obligations (“support_enforcement”).


IX. GENERAL PROVISIONS

  1. Amendment & Waiver
    No amendment or waiver of any provision shall be effective unless in writing and signed by both parties and, where required, approved by the Family Court.

  2. Assignment & Delegation
    Parental rights and obligations are personal and shall not be assigned or delegated without court approval.

  3. Successors & Assigns
    This Agreement binds the parties and their heirs, personal representatives, and permitted assigns.

  4. Severability
    If any provision is held invalid, the remaining provisions shall remain in full force while the invalid provision is reformed to the minimum extent necessary to comply with law and intent.

  5. Entire Agreement
    This Agreement, together with its Exhibits and Schedules, constitutes the entire understanding regarding paternity, parenting, and support, superseding all prior discussions.

  6. Counterparts; Electronic Signatures
    This Agreement may be executed in counterparts, each of which is deemed an original. Signatures transmitted electronically or via facsimile are binding.


X. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties execute this Agreement as of the Effective Date.

Mother Father
_______ _______
[PRINT NAME] [PRINT NAME]
Date: _______ Date: _______

NOTARY ACKNOWLEDGMENTS

State of South Carolina )
County of _______ )

The foregoing instrument was acknowledged before me this ___ day of ____, 20__, by [MOTHER NAME / FATHER NAME].


Notary Public for South Carolina
My Commission Expires: ______

[// GUIDANCE: Attach separate notary blocks if parties sign at different times/locations.]


EXHIBIT A – PARENTING PLAN

[Outline legal and physical custody, visitation schedule, holiday rotations, transportation logistics, communication protocols, dispute resolution for parenting matters, etc.]

SCHEDULE 1 – CHILD SUPPORT WORKSHEET

• Monthly Gross Income – Mother: $_
• Monthly Gross Income – Father: $_

• Combined Monthly Income: $_
• Guideline Support Amount: $_

• Allocation of Support: Father $_ / Mother $_
[Attach completed South Carolina DSS Form 258 or successor form.]


[// GUIDANCE:
1. File the executed DHEC acknowledgment form with the Department of Vital Records.
2. Submit this Agreement to the Family Court for approval to ensure enforceability and entry as an order.
3. Recalculate support every three years or upon a 15% income change, consistent with S.C. support modification standards.
4. Maintain at least one certified copy of the filed acknowledgment and court-approved Agreement for future administrative or legal proceedings.]

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