Legal Question in Family Law in South Carolina
We have custody of our grand daughter. Shes 5 now and we have had her since she was 1. The parents in all 4 years has not supported or anything for the child. We have never asked for any support from either. The father is our son. The parents never were married. Can the Mom or Dad take custody back from us or do they have to be able to prove us unfit in some way? Also mom doesnt have a job and dad does but its more the mom telling us she can just take her back anytime she wants to. Thank you for listening to me
2 Answers from Attorneys
Unfortunately, from what you have stated it appears that your son and the mother could legally "take" their daughter back. You may be able to terminate their parental rights if you could prove that they have abandoned their daughter. You would then be able to adopt her. Whether or not you could terminate their rights would depend on a number of things like how often they visit her, how much support they have given her, and how fit they are as parents. Good luck.
Unless you have an Order granting you custody, then the parents can try to take the child back from you. Based on the factors that you have listed though, there are arguments that you can make to try to obtain custody now. The only way to have any certainty is to have a Court Order.
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.SpartanburgLawyers.com). I wish you the best of luck.
Ben Stevens
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