Legal Question in Family Law in South Carolina

Child Custody: My Husband has a three year old daughter from a previous relationship. His name is on the birth certificate and child has his last name.

The mother has kept the child away from him for immature reasons for almost two years now, the mother is mentally and financially unstable (working as a server, HS dropout) and currently living with her parents now (after marrying a Marine from Facebook a month after knowing him, living on base in same state (why she kept child away from two years) and now he has gone back to NY (they married for military benefits and money and he is no longer active duty) she stayed in Charleston to be around a female friend (why she wanted to move in the beginning from Spartanburg SC when child was 2 months old-the father gave up all he had and went with her.

The mothers Father is a registered sex offender in Spartanburg SC (released in june 2011 after 6 yrs for high aggravated assault and battery of a 14 boy) and her mother is mentally unstable but does take medication and on retirement money. The child's mother does not take meds for her mental illness. The mother will not provide the daughter's social security number so he can cover her on his medical insurance (he is employed, wants to enlist in Army, has two children with me ), she will not cash checks he sends for the child, and will not let him speak or see her, and will not let her know the child's needs like clothes, etc. When she comes to Spartanburg SC she does not let him know just hangs with friends and goes back home)

If she finally let's him pick up his child like in the past (she is married and separated now) My husband-the father is married to me. He lives in Spartanburg SC she lives in Charleston SC, her and thier daughter were born and raised in Spartanburg and she moved to Charleston to be close to an older friend that has children and married.

My husband fully supported her financially, constantly, moved to Charleston as well with her. When relationship did not work and mother broke up with him came back home but never stopped providing and doing and mother would come to Burg, party, leave child with him or during her mental breakdowns. She suddenly has issues now because he is married and has two children now with his wife.

There has never been a custody order, agreement, nothing. She does not let him do anything positive he wants and has done for his child that she can not provide because she is upset he married me two years ago (we dated since 14yrs old now ages 27) mother is 21. Because she is bitter she takes it out on him through the child.

If she lets the child visit him soon can he keep her instead of returning her back to the mother if no custody order in place?

She refuses to make any kind of agreement in the child's best interest. He is seeking sole custody of his daughter but does not want her to return to this situation. Sole custody cases are costly and still searching for good attorney to represent us.

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