Legal Question in Family Law in South Carolina

I am a mother to a 6 year old girl and 7 year old boy. 6 years ago I entered a abusive relationship and was not allowed to see my children. Since then i've had three children and got married to this MSN.I want to see after this long is there any way I can get these kids back. And I'm willing to leave my husband if he will not agree to it. The main question is, is there anything I can do to get the I kids back?


Asked on 9/04/12, 7:04 am

1 Answer from Attorneys

Barbara Strowd Barbara A. Strowd, Attorney at Law

The answer to this question is maybe. It all depends on whether your parental rights were terminated or not. If your parental rights were terminated you will not be able to get the children back. If you have not had your rights terminated then there is a chance you could get them back. If you have a court order that gives someone else custody then you will need to start with that order. If you are going to start an action to visit the children you will need to start in the Court that issued the custody order. If you have been visiting all along I would suggest trying to get more visitation time with the children. If you file an action the Court will have to do what is in the best interests of the children. If you have been out of their lives for 6 years it may not be best to remove them from the life they have established. If you truly want to have your children back in your life I would suggest taking any papers you have from the court to an attorney for a consultation. The attorney will be able to review where things are now and give you advice on how to get where you would like to be. Good luck.

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Answered on 9/21/12, 4:17 am


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