Legal Question in Family Law in South Carolina

A friend has sole custody of her son awarded by a S.C. court. She was injured in a wreck and unable to care for her son. She agreed to let the Father of the child take him to N.C. to live with him (about 9 months ago) She and the father did not go through the court to do this. They went to a local notary in S.C. and wrote a statement that said due to her medical issues the child was to temporarily live with the father for six months until she could better care for him. It was notarized and signed by them. As stated the father has had the child in his care for about 9 months but is no longer allowing the mother to see the child. Can she legally go to the residence with law enforcement and get her son and return to S.C. with him? Or can the father keep custody of the child and say she abandoned him?


Asked on 12/28/10, 2:33 pm

1 Answer from Attorneys
Ben Stevens The Stevens Firm, P.A. Family Law Center

Unless an Order has been issued, then she still has custody of the child and should be able to go retrieve him if that's what she desires. Whether law enforcement will assist is a question, though they should because she has an Order saying she has custody. The father can file an action to try to get custody from her, if he desires to keep it.

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 1/02/11, 7:38 pm


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