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, there are legal paths forward. South Carolina has specific rules and exceptions that can allow your child’s statements to be heard.

At Klok Law Firm LLC, we help parents navigate these complex evidentiary rules. If you have questions, call us at (843) 701-1695.

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.

How to Get Around the Parent Exclusion

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.

1. Have the Child Speak to a Qualified Professional

The most reliable strategy is to act quickly after your child makes a disclosure. Section 19-1-180(G) specifically preserves admissibility for statements made to certain people. These include:

• —Law enforcement officers
• —Officers of the court
• —Licensed family counselors or therapists
• —Physicians or other health care providers
• —Teachers or school counselors
• —Department of Social Services (DSS) staff members
• —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. This is why prompt action matters.

Do not wait. If your child discloses abuse, contact a counselor or physician right away. Document the date, time, and what your child said as soon as possible.

2. Use the Excited Utterance Exception

Under SCRE 803(2), an excited utterance is admissible as an exception to the hearsay rule. An excited utterance is a statement made while the speaker is still under the stress of a startling event.

Courts look at the circumstances. Was your child visibly upset when they made the statement? Did they come to you immediately after something happened? The closer in time to the event, and the more clearly distressed your child was, the stronger the argument for admission.

Courts in South Carolina have allowed child hearsay under this exception when the timing and emotional state support it. The statement does not need to be the very first word the child uttered — but it must reflect the ongoing stress of the incident.

3. Rely on the Present Sense Impression Exception

SCRE 803(1) allows a statement that describes or explains an event made while the person was perceiving it, or immediately afterward. If your child described something as it was happening — or within moments of it occurring — this exception may apply.

The key here is timing. The statement must be made during or right after the event. Courts scrutinize how much time passed before the child spoke.

4. Use the Medical Diagnosis or Treatment Exception

SCRE 803(4) allows statements made for the purpose of medical diagnosis or treatment. If a child tells a doctor or mental health professional about abuse — and the statement was made to help that professional diagnose or treat the child — it may be admitted.

In Glinyanay v. Tobias, 436 S.C. 137, 145–46, 871 S.E.2d 193, 198–99 (Ct. App. 2022), the South Carolina Court of Appeals held that SCRE 803(4) reaches statements made to mental health professionals, not only medical doctors. The court followed the weight of federal authority in reaching that result, while noting commentary that urges caution about extending the exception to statements made by mental health patients. Statements your child makes to a licensed therapist can qualify under this rule — but the court will look closely at whether they were made for the purpose of diagnosis or treatment.

This exception is powerful. However, the statement must be reasonably necessary for the professional to provide care. General venting about a situation may not qualify. Statements that describe what happened in order to guide the provider’s treatment plan carry the most weight.

5. 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 at the proceeding. The child can testify in person or through a videotaped deposition or closed-circuit television.

This approach is not always in the child’s best interest. Judges generally discourage putting children on the stand in custody or abuse cases. South Carolina Family Court Rule 23(b) provides that “[c]hildren should not be offered as witnesses as to the misconduct of either parent, except, when, in the discretion of the court, it is essential to establish the facts alleged.” Two points follow from that wording. The rule speaks to the party offering the child, so this is a decision your attorney weighs before it ever reaches the judge. And the exception rests in the court’s discretion — “essential to establish the facts alleged” is a judgment the judge makes, not a standard you can satisfy on your own. The Court of Appeals applied Rule 23(b) in Glinyanay v. Tobias, the same decision discussed above.

In situations where the child is the only witness, however, testimony may become necessary. Your attorney can guide you through whether this step is appropriate given your child’s age, maturity, and emotional resilience.

6. Establish the Child Is Unavailable

Section 19-1-180(B)(2) allows admission when the child cannot testify. A child may be found unavailable if:

• —The child is unable to communicate about the event
• —The child refuses to testify despite a court order
• —The child suffers from a mental or emotional condition affecting testimony
• —The child is too afraid to testify
• —Testifying would cause severe emotional trauma to the child

If the child is unavailable and the statement has particularized guarantees of trustworthiness, the court may admit it. The court will look at factors such as the child’s personal knowledge, whether anyone else heard the statement, whether the child had any motive to lie, and whether the statement was consistent across different tellings.

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 several factors:

• —Did the child have personal knowledge of the event?
• —Was the statement consistent with what the child told others?
• —Did the child appear to have any motive to fabricate?
• —Was the statement spontaneous, or was the child prompted?
• —Was the language age-appropriate?
• —How long after the event was the statement 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. Note the setting, your child’s demeanor, and what prompted the statement — if anything.

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, you may also find our post on DSS permanency planning hearings in South Carolina 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
• —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.

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. You can also reach us at sklok@kloklaw.com or visit kloklaw.com.

Do not face this alone. We are here to help.

Disclaimer: 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.