Legal Question in Family Law in South Carolina

Custody

If I do not have a court ordered custody document can my soon to be ex husband take my child away from me? I am giving him visitation, but I am worried that he won't bring her back to me.


Asked on 10/17/08, 12:57 pm

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Custody

If there is not a Court Order granting anyone custody, then both parents have equal rights to the child. He can refuse to return the child, and you can keep the child from him. However, both of those steps are ill advised and will result in problems for the person choosing either option.

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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Answered on 10/19/08, 9:48 pm


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