Legal Question in Family Law in South Carolina
Fighting for my SD
My SD's BM has never payed us child support (SD is now 8, and we've done it ALL for more than 5 years now). She lives in FL, we are in SC. There is NO court documents difining this, but emails that prove she ''agrees'' for SD to be with us. My husbands job, however, takes him away from our home, leaving me to care for SD. I do not mind this at all, however, I have NO rights to her. Is there anything I can do to have rights to a Stepchild? Can we file a petition for a non-compliant mother (She says she doesn't have the money to send, therefor she's not sending it; can she really use that in court?)? Who should pay for the ''fares'' to get SD down to FL the 5 nights she get to see her BM each year?
1 Answer from Attorneys
Re: Fighting for my SD
If your husband does not have anything confirming that he has legal custody of the child, then there are many good reasons that he should act to address that issue. If he chooses not to do that, then the mother can either come get the child at any time and/or not return her from those visits, and he will be fighting a much more difficult custody case then than he would if he addresses it himself.
As for what rights you might have as the step-mother, that is a much more difficult question. You could attempt to have the Court declare that you are a psychological parent to the child, but I don't know that you will need to take that step if your husband addresses the custody issue himself, as he should
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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