Legal Question in Family Law in South Carolina

Do I have legal custody of my son?

I gave birth to my son out of wedlock in NC. I moved back home with my parents while pregnant as the father of the baby and I broke up due to the fact that he was STILL MARRIED to another woman. My parents were transferred and I and my son relocated to SC with them. The babys father did not object. He does not pay CS and does not try and come to visit my son at all. He has not seen him since last year. His choice. I have heard through the grapevine that he has said that he can come and take my son back to NC. He says he can sue for visitation and make me travel every other weekend to NC with my son to drop him off. Can he do this? Am I not my sons legal guardian? What do I do????


Asked on 5/29/07, 10:04 pm

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

Re: Do I have legal custody of my son?

Under SC law, you have sole custody until the Court says otherwise. However, it is unlikely that he would be charged with kidnapping his own child. You need to bring an action in Family Court to confirm that you have custody, establish child support, etc.

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

Read more
Answered on 5/29/07, 10:28 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in South Carolina