Legal Question in Family Law in South Carolina

If a man and woman were not married at the time a child was born who actually has custody or do they both have it? If they both sign over their rights to the mans parents can the girls parents make them let them see the kids


Asked on 8/22/10, 7:57 pm

1 Answer from Attorneys

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

In SC, the mother has custody until and unless the Court says otherwise, when the parents are not married. However, the mother does not have a preference in a custody case, if the father attempts to get custody for himself. As for "signing over their rights" to anyone else, that can only be done as part of a Court action, and there are many different options there.

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 8/30/10, 5:47 am


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