Legal Question in Family Law in South Carolina

How do I get guardianship of my nephew that lives with me?

My nephew has lived with me & my husband now for 2 yrs. The mother can't be found, who I believe hass custudy but gave him back to the father. the father married and the new wife who has 4 kids of her own, can't or don't want him. So we agree to take hom for a while ,but has turned into 2 yrs.We love the boy and he is happy with us. i think the father will come around some day.we aren't looking custody yet.Jusst Guardiand sship. for bills, ins., taxs, and so forth. Please help.


Asked on 11/18/02, 6:30 pm

1 Answer from Attorneys

Otto Ferrene, jr. Ferrene & Associates, PA

Re: How do I get guardianship of my nephew that lives with me?

I see that you are in the NW part of the State.

I am down in the lowcountry.

What has been done in the past when children are kept by their grandparents is to make application to the local Family Court for an order of custody for the purposes of school, control of the child, medical decisions and admissions.

If a parent shold want to contest such an arraingement, The court will allow any parent to come before it and demand that custody and possession be returned to him/her within 72 hours of the demand being served upon the persons with custody.

This protects the rights of the parents and insures that decisions can be made in the best interest of the child.

Go see a local attorney about application for such a custody order.

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Answered on 11/19/02, 1:03 pm


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