Legal Question in Family Law in South Carolina

Non infant child abandonment in SC

I have two sons that I had to leave in the care of my ex-husband in Dec 2007 during their winter break from school. One is 15 and is our son, the other is 8 and is my son, no blood relation to my ex-husband. During the time they were with him, I became homeless and unemployed. I wrote a non-notarized letter asking that he be granted custody of the two due to my situation. They are residing in SC with him currently. I went to a family members home in TN and am currently residing there. My ex has filed an emergency hearing on abandonment grounds for custody of our son and for foster care/custody/adoption of my son that is no relation. He states he will fight me for the youngest boy if I try and get him back with me when I get back on my feet and remain here in TN. What is my best course of action to prevent this? Do I / will I have any parental rights if the court decides that I abandoned my sons instead of voluntarily giving them to my ex to care for on a temporary basis? He has the only copy of the letter I wrote which is a clear disadvantage to me I know. He has an address and phone number to contact me and has since I arrived here on 1/7/08. I have emailed and called my children and him as well since then.


Asked on 1/31/08, 6:26 pm

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

Re: Non infant child abandonment in SC

You need to act quickly to protect your rights in this situation. It is imperative that you seek to regain custody of both children a.s.a.p. unless you want them to remain wiht your ex-husband.

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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Answered on 1/31/08, 10:00 pm


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