Legal Question in Family Law in South Carolina

Custody of Stepson

My husband and I have been married for 3 years and he died May 18th, 2007. We have a 3 year old son together and he had a 8 year old from a previous relationship. My stepson's birth mother left him with my husband when he was just a 2 month old baby. She has never paid child support or made any effort to have a relationship with him. Now that my husband is dead, the children and I are recieving Social Security, and I found out that my husband only had temporary custody of my stepson. Can I have his birth mother's parental rights terminated so that she doesn't try to take him away from me? Can she take him even though she hasn't seen him in years? What kind of rights do I have to my stepson? Thanks!


Asked on 6/20/07, 9:31 pm

1 Answer from Attorneys
Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Custody of Stepson

You have an interesting situation, and one that is somewhat precarious. If the mother were to show up now, there is not much that you could do to immediately prevent her from taking the child.

South Carolina has recently recognized something called a "psychological parent", under which you could attempt to get custody of the child and/or attempt to terminate her parental rights.

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 6/20/07, 9:44 pm


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