Legal Question in Family Law in South Carolina
leaving the state with a child
Can the mother of a five year old ''illegitimate'' child, who has been the sole caretaker/custodian of the child since birth and has never received child support from the father, move out of state without the father's consent? The father has not seen the child for over a year. The parents have never been to court regarding custody or support.
1 Answer from Attorneys
Re: leaving the state with a child
Unless the father takes steps to stop the child from leaving, the mother will be allowed to do so. In SC, an unmarried mother initially has "custody" by default, but that by itself does not necessarily give her a preference or advantage in a custody case.
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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