Legal Question in Family Law in South Carolina

If a father has not seen his child in 9 years, does he still have rights to the child? Is there anyway to have parental rights terminated for this reason?


Asked on 5/05/11, 11:46 am

2 Answers from Attorneys

Russell W. Hall III The Office of Russell W. Hall III

One ground to terminate a parent's rights is if the parent has not visited with the child for the six months prior to filing a petition for termination of parental rights. The catch is that a judge will generally not terminate a parent's rights unless someone is going to adopt the child.

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Answered on 5/05/11, 11:50 am
Ben Stevens The Stevens Firm, P.A. Family Law Center

While the Court has the ability to terminate one's parental rights if you can prove a willful failure to visit and/or pay child support for six months or more, it's not guaranteed that the Court will do so, unless it's part of an adoption action. In other words, the Court can stop his visitation but still require him to pay child support, etc.

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.SpartanburgLawyers.com). I wish you the best of luck.

Ben Stevens

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Answered on 5/05/11, 6:45 pm


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