Legal Question in Family Law in South Carolina

My name katherine, I am 22 years old.

i have a daughter of 8 months and pregnant again with another child,

My husband has hit me before knowing i was pregnant. I decided to leave the state i live with him recently from SC to Florida to live with my parents.He knows this and when i did tell him he threaten me to call the cops and tell them i am kidnaping my child so i wont take the baby away from him. I am scared to death of him. His family knows hes hit me before and all i want to do is take my baby and go to a safe place.. can i do that with out any problems? what can i do to keep my child safe..?I am scared he will take my child away from me.


Asked on 7/27/10, 11:26 pm

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

You both have equal rights to the child until and unless the Court says otherwise. You can take the child to Florida, and it's not kidnapping (as long as there is no Order issued yet). He can try to get the child back if he wants, as well. The best way to handle this is to go to Court and have the Court grant you custody, define what visitation rights he has, and establish his child support obligation.

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 8/02/10, 7:05 pm


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