Legal Question in Family Law in South Carolina

Concern for my daughter who is 4

My daughter's father has not spoke or seen her in 5 months. He still pays child-support but no contact. He has abandond her in every way. He has no relationship with her.The last conversation they had she didn't know who he was. She has been calling my husband 0f 2 years daddy and has taken it upon her self to say her last name is the same as my husband. She says he is her daddy and she longer mentions her real-father. We went to court in chas, sc for support but have benn in va for 10 months. We told him he could call collect if he did not have the money and still nothing. My husband wants to adopt her. How can I terminate her real fathers rights and can I do it here. I'm in need if a GOOD LAWYER! thanks


Asked on 10/22/01, 1:28 pm

1 Answer from Attorneys

Lisa Lane McDevitt McDevitt Law Office

Re: Concern for my daughter who is 4

The proper state is the state in which the child has lived for the last 6 months, which by your post appears to be VA. It is difficult, but not impossible, to terminate the father's rights without his consent. If you can get him to agree that would be the best avenue to pursue and if you can live without the child support then you can use that as the carrot as to why he should terminate his rights. If not you'll have to go to trial, and again, it is difficult to terminate his rights, but not impossible. At trial you will have to show that it is in the best interest of the child to have the father's rights terminated. That means you'll have to show that your husband has taken over the role and that he does it well (i.e. that she has a strong bond) that the two of you can support the child without child support from the natural father, etc. The natural father's relationship with the child prior to the last 5 months will be a factor. Was he really close and then suddenly dropped out of the picture? If so it may be more difficult to terminate his rights. If I can be of further help, give my VA office a call at 703-968-3974.

Read more
Answered on 11/26/01, 5:06 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in South Carolina