Legal Question in Family Law in South Carolina

Can a father be charged with kidnapping if custdoy has not been established and the mother and father were not married if he gets the child and refuses to let the mother have her back?


Asked on 10/31/09, 9:09 pm

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Yes, he can, because by statute in SC, the mother has custody of the child until and unless the Court orders otherwise. The purpose of this is not to give a preference to women, but rather to prevent baby-napping, as there is never an issue of maternity, but sometimes there is an issue of paternity.

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 11/07/09, 8:39 am


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