Legal Question in Family Law in South Carolina

Which parent has primary custody before court?

My boyfriend has a little girl that is a little over a year old. He and her mother were never married. They have been broken up for about 6 months and they had an agreement: he would pay her $400.00 a month for child support and she would let him get the baby one whole week out of every month. This was working but he always had to give her at least $100.00 extra a month because she says she can not afford to pay her bills. Now, because he and I are dating, she is telling him that he cannot get her for Christmas without a lawyer. He is in the process of finding a lawyer but it want go to court until after Christmas. What can we do? If he got her and didn't take her back until they went to court, is that kidnapping or does he have the same right as the mother, since he is the biological father? Should he stop paying child support until she lets him see the baby?


Asked on 12/12/05, 11:09 pm

2 Answers from Attorneys
Susan Pniewski Law Offices of Susan Pniewski PA

Re: Which parent has primary custody before court?

If he is not on the birth certificate he should take steps to agreeably do so now to protect himself. Contact an attorney, to sooner you move on this the better for the child.

If you are in Duval Cty or surrounding areas, please call the office for a free consultation.

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Answered on 12/26/05, 6:24 pm
David Candelaria Law Offices Of David Candelaria, P.A.

Re: Which parent has primary custody before court?

Continue to pay child support, continue to search for a lawyer, and do not make abrupt changes in the life of the little girl until and unless you have discussed the change with your attorney. The "Best Interest of the Child" is the standard the court utilizes when making decisions concerning children.

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Answered on 12/13/05, 7:06 am


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