Legal Question in Family Law in South Carolina
Child Custondy
My neice was left with her dad(my brother) at the age of 3yrs old by her mom(who moved to Virginia)leaving my mom legal guardian. He has since married and had addtl children. My neice has been treated very poorly. Her siblings ages 10yrs-8months have been left in her care constantly without adult supervision, she acts out at school, there has been drug use in the house by my brother & wife. My neice sneaks and calls my mom or me asking us to please get her. She gets in trouble if she calls us, how can I file for custody or does my parents have any rights to get her out of there. We are very concerned and need to know what we can do legally. I have been trying to contact her mom-who never gave up parental rights- but she agreed to leave my neice as long as my mom raised her. My brother refuses to let her leave the house. My 3 sisters and I and my parents want her out of there. She is not being treated right mentally or physically. What if anything can we do?
1 Answer from Attorneys
Re: Child Custondy
It is difficult for a non-parent to take custody of a child from his/her biological parent, unless that parent can be proved "unfit." Of course, the child's mother can take the child if she still has legal custody, but it doesn't sound like she's interested in doing so.
If you (or your other family members) are concerned enough about the child, all you can do is try to get her out of that situation by filing an action for custody. There are no guarantees, but at least the Court would allow your allegations to be heard, which should help her situation.
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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