Legal Question in Family Law in South Carolina

My daughter is in a bad relationship with a child together. We think the father is trying to drive our daughter crazy. She has no family there and no job to try to move out on her own. She would like to come home for two or three months to go to school and get her cna certificate so she could get a job and be a le to move on her own and share custody if their child. He wont allow her to bring their child. Would she be considered as abandoning her daughter if she came to michigan? Is there some legal way to do this? They aren't married but the father is on the birth certificate


Asked on 12/27/12, 10:49 am

1 Answer from Attorneys
Barbara Strowd Barbara A. Strowd, Attorney at Law

In SC if two people have a child out of wedlock the mother is the sole custodian of the child. The father has no rights until he goes to court to get them. Since it appears your daughter is not married to this man she may leave with the child as long as there is not an order from the family court granting father visitation or custody. BUT...father may file an action for visitation or custody after mother leaves. If he does your daughter may have to return to SC to defend against his action. I would never recommend leaving a child.

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Answered on 3/09/13, 8:27 am


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