Legal Question in Family Law in South Carolina
guardianship of a child
We have been caring for a young minor for over 9 mos. We have affidavits from everyone stating we are to be the caregivers and a TPR from the birth mother. We just received a notice & motion to grant custody of the minor child to an uncle on the birth mothers side. the child has bonded with us over the 9 mos. and we are in the process of getting guardianship. What are the changes that this uncle (he has not seen the child in over a year) will be granted custody? We have never heard from this uncle and feel this action has nothing to do with the well being of the child. We are not blood related to the child, but we are ''Mommy & Daddy'' to her. She was abused as an infant and her father is in prison for 18 years as a result of this abuse.
1 Answer from Attorneys
Re: guardianship of a child
You should be in at least as good of a position as the Uncle to request custody of the child. If he has not seen her in that long, that will certainly work against him, plus you have the TPR Affidavit from the birth mother.
Your inquiry does not say why you have not filed an adoption or custody action yourself. The Court will certainly want to know the answer to that question though.
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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