Legal Question in Family Law in South Carolina
custody
I need to know if my son's father has the right to deny returning him to me when I send him to see him. His name is on the birth certificate, but we were never married and there is no court orders on visitation, child support, etc. Also, what are his rights to our son and what can I do if he does deny returning him to me?
1 Answer from Attorneys
Re: custody
If there are no existing Orders in place, then you both have equal rights to the child. You need to bring an action in Family Court to have your rights, responsibilities, and obligations outlined to prevent problems such as you describe.
I would note that there is a statute that provides that unmarried mothers have sole custody until the Court says differently, but that statute is more of a necessity to prevent kidnapping of newborn children than a weapon to be used against fathers in custody cases.
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