Legal Question in Family Law in South Carolina

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.