Legal Question in Family Law in South Carolina
FAmily matters
I have a question my cousin who is 14 years old is currently living with her sister who she rarely saw until 3 years ago. She was before then living with my grandmother and grandfather. They had full custody of them. My Grandfather passed away about 5 years ago my granmother passed away 2 years ago. My cousin was sent to live with her sister and now my cousin is unhappy with her living arrangements she would like to come live with my mother and I. And I was wondering how old do you have to be to take it to court and choose where you would like to come live. My mother is 46 I have a brother who is 9 and I am 21 so do you think there is a chance of fighting for her?
1 Answer from Attorneys
Re: FAmily matters
The short answer is "yes" there is a chance. The Court will consider the child's preference, especially if she's 14 years old. Since there are no biological parents involved, the various other relatives should be on somewhat equal footing in a custody case, though the person having the child now will have a bit of an advantage initially.
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