Legal Question in Family Law in South Carolina

No One Has Custody...

The father of my son and I were never married and haven't been around one another in nearly 6 months. I am dating someone and my son is around him. My son father says that he could have my son taken from me because he has pictures of my present boyfriend with my son. He is calling me with threats, and leaving me hateful messges. Can he take my son? What do I do about the messages?


Asked on 4/08/08, 10:10 am

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: No One Has Custody...

Until the Court determines who has custody, there is some risk that he could try to take/keep him. With that being said, however, simply having the child around a boyfriend by itself would not lead to you losing a custody case.

It sounds to me like he is a bully, and sometimes the best way to deal with a bully is to go on the offensive. Perhaps you might consider filing an action yourself to confirm that you have custody, establish a child support obligation for the father, and to get a restraining order to prevent any further harassment.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 4/08/08, 10:20 am


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