Legal Question in Family Law in South Carolina

parental rights

My exhusband gave up his parental rights in 2003 and the judge told him he is now a stranger to his son and that he cannot have any contact with him. I have recently found out that he is trying to get in touch with my son through myspace through my sons friends. Can I do anything about this. On his myspace he says that he can't wait for his son to turn 18 so he can contact him. My papers say FOREVER TERNIMATED.


Asked on 2/23/07, 8:19 am

1 Answer from Attorneys

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

Re: parental rights

Whether or not you can do anything depends on the exact language of the Order terminating his parental rights. Typically it just says that his rights are forever ended, etc., but it usually does not include a prohibition on any future contact. Just because one's parental rights are severed does not necessarily mean that a person cannot have "non-parental" contact with a child.

If you believe that the prior Order did include a prohibition on contact, then you can file a contempt action against your ex-husband and have the Court determine what sanctions/punishment are appropriate if he has violated the terms of the Order.

If the Order did not include any such terms, you may be able to petition the Court to obtain such a Restraining Order (or possibly even do so through Magistrate Court), but doing so may give him the contact that he apparently so desperately desires.

lThese 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 2/23/07, 12:58 pm


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