Legal Question in Family Law in South Carolina
custody and child support
Social Services served my ex-husband for child support. Our meeting is on the 27th. He has not seen or contacted the children in about 3 years. He requested a paternity test for all two of the three children. Can he step in and take the children or does he need to sue for custody? Since we have 3 children why did he only ask to test 2 of them, can he be trying a trick? Can he have a lawyer present at the social services hearing and take the children?
1 Answer from Attorneys
Re: custody and child support
If you are divorced and the children were alive at the time of the divorce, then he may not be entitled to a paternity test at this time. Typically, the man only gets one opportunity to question paternity, and that is usually during the divorce action, not later.
He can have an attorney with him at the DSS negotiation conference, and he is foolish if he doesn't. DSS typically does not calculate the child support correctly, so it is wise to have an attorney involved in that process.
He can attempt to obtain custody and/or visitation now or in the future if he desires to do so. He will be required to allege and prove that there has been a significant change of circumstances and that it's in the children's best interest for him to be granted the relief he's seeking.
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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Asked 5/04/09, 7:05 pm in United States South Carolina Family Law, Divorce, Child Custody and Adoption