Legal Question in Family Law in South Carolina
Child custody battle/possible kidnapping
My 2 month old son's father left the state with him Tues night after my postpartum depression/alcoholism led to some very irresponsible behavior while my son was in my care. I was very intoxicated irrational and was subsequently voluntarily hospitalized for major depression for which I am now being treated with a combination of drugs and counseling. My son's father refuses to let me have custody of my son, claiming that I am not a fit parent. What are my rights as a mother? Does his departure from the state constitute kidnapping? We are not married, but have lived together for the past year. I am seeking FULL custody of my baby and would like to know what steps I should take in order to ensure that I get full custody. Since being released from the hospital yesterday, I have moved in with my parents, both of whom are fully committed to helping me stay healthy so that I can be a good mother to my baby. Please advise as quickly as possible what my best course of action is. Thank you for your help.
1 Answer from Attorneys
Re: Child custody battle/possible kidnapping
It is unlikely that his actions would constitute criminal kidnapping, but law enforcement has to make that call. Both parents have a right to seek custody of the child, and until the Court issues an Order granting custody to one of you, it is virtually "anything goes."
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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