Legal Question in Family Law in South Carolina

Child custody, not the parential father

My fieance is involed in a custody battle with a man that is not the father of her baby, he has tempory custody of her 3 year old son per a temparary court order, in this order he was to undergo DNA testing which came back proving he is not the parental papent (father) of her son, but she can not seem to get back her son. What does she have to do to get this temporary order reversed and get custody of her son. About a year ago he turned the boy over to his mother , violating the temp court order, and she had the boy for almost a year, the a few moths ago he met her at a store so he could see the baby and she was arrested for an unpaid traffic ticket, (he set it up so he could get the boy back, she was taken in, I paid the fine, but he took custody of the baby with his temp order shown to the police) now he will not let her see the boy at all, she has seen him maybe 3 times in the last 4 months in, she calls and goes by but with little success. What does she have to do to get her son back from this man who is not even the father. (He knew all along that he was not the father, the lived together)


Asked on 12/09/97, 1:42 pm

1 Answer from Attorneys
Robert Friend Robert H. Friend, Attorney at Law

Getting custody back from a "non-father"

In my state (NC), I don't know any way to go about this except to hire a good lawyer and go back to court. It may be that the Dept. of Social Services (or your state's equivalent) might be of help to you. Sounds like an exceptionally crazy (and maybe even dangerous) situation to me. Be careful!

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Answered on 12/10/97, 5:30 pm


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