Legal Question in Family Law in South Carolina

Not without my daughter

Currently I am married and have a 1 year old daughter with my husband. We live with his mother. This was supposed to be a temporary situation, but we have been there for 10 months. I work for a law firm and have been with them for 9 months. He does not work and refuses to look for work. We cannot make it on my income alone. His mother has given me a typed and signed document stating that she wants me to move out. He does not want to and he thinks he should keep our daughter with him. I have no choice but to leave, I am being kicked out, What are my legal rights with my daughter. I have already told him I want a divorce, but he refuses to acknowledge it. What should I do?


Asked on 4/20/02, 2:35 am

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: Not without my daughter

You have the right to seek an order through the family court for custody. If you are successful, you will also get an order for child support from your husband, regardless of whether he is working or not. This will most likely force him to get a job. You also have the right to seek a divorce from him. I cannot tell you more about the divorce at this time without further information from you. It is possible you will have to wait up to a year for the divorce, but that will not affect your seeking custody immediately.

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Answered on 4/20/02, 9:33 am


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