Legal Question in Family Law in South Carolina

Child Abduction

My step daughter and her husband

have two children. The two parents

have not been getting along. Both

are not perfect parents with spotless

backgrounds. The father has a little

better parenting skills and supplies

most of the financial support.

Together they still struggle

financially. The father decides he has

had enough and takes the two

children to a neighboring state to his

mothers without knowledge and

discussion with the mother. He has

left the kids with his mother and is

back in the area probably working

out details and a notice with his job.

He is not separated from my

stepdaughter. What rights does the

mother of the children have to get

the children back? Can she get the

police to remove the kids back from

his parents and be given back to

her? What are the changes for one

of the grandparents to get custody?


Asked on 5/22/07, 11:07 am

1 Answer from Attorneys
Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Child Abduction

If there is no Court Order in place, then both parents have equal rights to the children. The mother can go try to retrieve the children, but the father can try to keep them away from her.

The solution to stabilize this situation is to bring an action in Court and have an Order issued to clarify the custody, visitation, and other provisions.

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

Read more
Answered on 5/22/07, 10:43 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in South Carolina