- —What your child told you is hearsay, and South Carolina courts generally exclude hearsay unless an exception applies.
- — S.C. Code § 19-1-180(G) specifically blocks a separated or divorced parent from repeating what the child said about the other parent as the alleged abuser — but that exclusion has defined ways around it.
- —The strongest move is getting your child in front of a qualified professional quickly and documenting exactly what was said.
Your child told you something terrible. Maybe it was about the other parent. Maybe it involved abuse or neglect. You heard it clearly. But when you try to share it in family court, the judge stops you. Why? Because what your child said to you may be considered hearsay — and hearsay is usually blocked as evidence. This is one of the most frustrating moments a parent can face. You know what your child said. Yet the law may prevent you from using that statement in court. Fortunately, South Carolina has specific rules and exceptions that can allow your child's statements to be heard.
What is hearsay — and why does it matter?
Hearsay is an out-of-court statement offered to prove the truth of what was said. In short, it is what someone told you outside of court. Courts generally do not allow hearsay as evidence. The reason is simple: the person who made the statement cannot be cross-examined.
South Carolina follows Rule 801 of the South Carolina Rules of Evidence (SCRE), which defines hearsay clearly. When your child tells you something, and you try to repeat it in court, that is hearsay. The opposing party can object. The court may exclude it. However, the law provides exceptions. Some out-of-court statements are admissible despite being hearsay. Knowing these exceptions is the key to getting your child's statements before the court.
The parent trap: Section 19-1-180(G)
South Carolina has a special statute that governs child hearsay in abuse and neglect cases. S.C. Code § 19-1-180 allows out-of-court statements in family court proceedings involving abuse or neglect from children under twelve — and from older children who function cognitively, adaptively, or developmentally under the age of twelve.
But there is a critical exception within the exception. Under Subsection (G), if the parents are separated or divorced, the child's hearsay statement is inadmissible if one parent is the alleged abuser, and the allegation was made after the parties separated or divorced.
In plain terms: if your child tells you — the non-abusing parent — about something the other parent did, that statement may be blocked entirely. The law presumes the potential for parental coaching or influence.
This does not mean your child's story disappears. It means you need a different strategy to get the information before the court.
The two rules at the center of the question
SCRE 801 is the general hearsay rule. It defines hearsay and, as a default, keeps an out-of-court statement — including what your child told you — from coming in to prove the truth of what was said.
S.C. Code § 19-1-180 is the child hearsay statute. It carves out an exception for children under, or functioning under, age twelve in abuse and neglect cases — then narrows it again for separated or divorced parents under Subsection (G).
South Carolina law gives several paths to admit a child's statement even when the parent-to-parent rule blocks direct testimony. Each path requires quick, thoughtful action.
How to get around the parent exclusion
Have the child speak to a qualified professional. Section 19-1-180(G) specifically preserves admissibility for statements made to law enforcement, officers of the court, licensed family counselors or therapists, physicians and other health care providers, teachers or school counselors, DSS staff, and child care workers at regulated facilities. If your child tells their therapist, pediatrician, or teacher what happened, that statement may be admissible — even if it would not be admissible coming from you. Do not wait: document the date, time, and what your child said as soon as possible.
Use the excited utterance exception. Under SCRE 803(2), a statement made while the speaker is still under the stress of a startling event is admissible. Courts look at whether your child was visibly upset and how quickly they came to you after something happened. The statement does not need to be the very first word the child uttered — but it must reflect the ongoing stress of the incident.
Rely on the present sense impression exception. SCRE 803(1) allows a statement describing or explaining an event, made while the child was perceiving it or immediately afterward. The key is timing: the statement must be made during or right after the event, and courts scrutinize how much time passed before the child spoke.
Use the medical diagnosis or treatment exception. SCRE 803(4) allows statements made for the purpose of medical diagnosis or treatment. In Glinyanay v. Tobias, 436 S.C. 137, 145–46, 871 S.E.2d 193, 198–99 (Ct. App. 2022), the Court of Appeals held this exception reaches statements made to mental health professionals, not only medical doctors — though the statement must be reasonably necessary to the professional's diagnosis or treatment, not general venting.
Have the child testify or appear by video. Under S.C. Code § 19-1-180(B)(1), a child's out-of-court statement is admissible if the child actually testifies, in person or through a videotaped deposition or closed-circuit television. Family Court Rule 23(b) discourages offering children as witnesses except when, in the court's discretion, it is essential to establish the facts alleged — a judgment the judge makes, not a standard you can satisfy on your own.
Establish that the child is unavailable. Section 19-1-180(B)(2) allows admission when the child cannot communicate about the event, refuses to testify despite a court order, suffers from a condition affecting testimony, is too afraid to testify, or would suffer severe emotional trauma from testifying — provided the statement also carries particularized guarantees of trustworthiness.
Trustworthiness: why it matters in every case
Even when an exception applies, the court must find that the child's statement is trustworthy. South Carolina courts consider whether the child had personal knowledge of the event, whether the statement was consistent with what the child told others, whether the child had any motive to fabricate, whether the statement was spontaneous or prompted, whether the language was age-appropriate, and how long after the event the statement was made.
Courts are very alert to the possibility of parental coaching. If a child uses adult language to describe events, or if the disclosure only emerged after repeated questioning by a parent, the court may view the statement with skepticism. This is why documentation matters: write down exactly what your child said, in their own words, as soon as possible after the disclosure, along with the setting, your child's demeanor, and what prompted the statement.
Procedural steps you cannot skip
If you intend to offer a child's hearsay statement in court, S.C. Code § 19-1-180(C) requires that you give advance notice to the other party. You must provide the substance of the statement and identify who the child made it to. This notice must be given sufficiently in advance of the hearing to allow the other party to prepare.
The court will then hold a hearing — either separately or during trial — to decide whether the statement is admissible. Be prepared to present evidence about the child's trustworthiness, the context of the disclosure, and the credentials of any professional who received the statement. For DSS-related proceedings, our post on DSS permanency planning hearings in South Carolina is helpful background reading.
Why acting early makes all the difference
The biggest mistake parents make is waiting. The sooner your child speaks to a qualified professional — a therapist, a pediatrician, a school counselor — the stronger your evidentiary position. Early disclosure to a professional creates an admissible record outside the parent-to-parent exclusion, preserves the freshness and spontaneity of the statement, documents the child's emotional state close in time to the event, and reduces arguments about coaching or fabrication.
If your child has already made a disclosure to you alone, that does not mean all is lost. Your attorney can work to identify other exceptions, challenge the opposition's evidence, and build the strongest case possible with what you have.
Frequently asked questions
Is everything my child tells me automatically excluded from court?
Not automatically, but by default it is treated as hearsay and may be objected to. Several statutory and rule-based exceptions can make it admissible depending on who your child spoke to, when, and how the statement was made.
What is Section 19-1-180(G) and when does it apply?
Section 19-1-180(G) excludes a child's hearsay statement when the parents are separated or divorced, one parent is the alleged abuser, and the allegation arose after the separation or divorce. It applies specifically to the parent-to-parent scenario, not to statements made to professionals.
Can my child's statement to a therapist or doctor be used instead?
Often, yes. Section 19-1-180(G) preserves admissibility for statements made to law enforcement, officers of the court, licensed counselors or therapists, physicians and other health care providers, teachers or school counselors, DSS staff, and regulated child care workers.
Does my child have to testify?
Not necessarily. Testimony is one path to admissibility under Section 19-1-180(B)(1), but Family Court Rule 23(b) discourages it except when the court finds it essential to establish the facts alleged.
What if my child is too afraid or unable to testify?
Section 19-1-180(B)(2) allows the statement to come in if the child is found unavailable — unable to communicate about the event, refusing to testify, affected by a mental or emotional condition, too afraid, or at risk of severe trauma from testifying — and the statement carries particularized guarantees of trustworthiness.
What must I do procedurally before offering the statement?
Section 19-1-180(C) requires advance notice to the other party, including the substance of the statement and who the child made it to, given far enough ahead of the hearing to let the other side prepare. The court then holds a hearing to decide admissibility.
Talk to a South Carolina family law attorney today
Child hearsay issues are complex. The wrong move can cost you the ability to present critical evidence. The right strategy can bring your child's story before the judge in a meaningful way. Klok Law Firm LLC represents parents in Charleston, Mount Pleasant, and surrounding areas. We understand South Carolina's evidentiary rules — and we know how to use them effectively. If you are facing a custody or abuse case involving a child's disclosure, call us now at (843) 701-1695. Do not face this alone. We are here to help.
This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Contact a licensed South Carolina attorney for advice specific to your situation. Klok Law can be reached at (843) 701-1695.
Suzanne Lafleur Klok, Esq. is a family law attorney in Mount Pleasant, South Carolina. Klok Law Firm, LLC · (843) 701-1695 · sklok@kloklaw.com