Legal Question in Family Law in South Carolina
child custody
i live with myhusband, last night he got drunk and took my son to his moms after fighting me. cops sid they cant get him. Will I get into any trouble if I bring my brother with me to get my son? My husband has past cdv charges, plus he is an alcoholic. I am scared to leave my son with him so I dont want to wait to get him before the family court meets in two days to file to get him. We have equal rights, I just dont want to get killed trying to get him by my self
2 Answers from Attorneys
Re: child custody
Until the Court grants custody to one of you, you both have equal rights to the child. You can try to retrieve him, and he can try to keep him from you. You can take your brother with you and/or you can request assistance from law enforcement, though it may not help. The best solution is to try to get into Court a.s.a.p. to have an Order issued.
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
Re: child custody
Married parents have equal rights to the physical custody of their minor children. You probably need to file for an emergency hearing in family court. I would not attempt to regain custody without a court order because it sounds like it may be dangerous.
I will be glad to discuss this further with you. Please feel free to contact my office to schedule an appointment to discuss your options.