Legal Question in Family Law in South Carolina

Parental Rights to Unborn Child

My son is 19 and his girlfriend, 20. She is pregnant. She took off to another state without his blessing. She said it was because she can get medicaid in Michigan, but has refused to try here in South Carolina. My son offered to pay for the baby and any doctor's visits, but still has refused. She also has refused prenatal care. She has not been to the doctor since January 2009. Everytime she had an appointment, she cancelled it. My son has begged, pleaded, and poured his soul out to her to get her to stay with him and allow him to take care of her. He also asked her for a amnio DNA test, but she refuses saying it could harm the baby, but if she was concerned about the welfare of the child, would she not get prenatal care as well? We don't know what to do. Can we get a court order for a DNA test, or make her stay, or come back to South Carolina until the baby is born to get a DNA test then? HELP, HELP, HELP!! He is sooo worried about his possible unborn child.


Asked on 5/10/09, 10:59 am

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

Re: Parental Rights to Unborn Child

It is very, very unlikely that the Court would require the mother to submit to a DNA test until the child is born. The Court cannot require a person to remain in a certain state either.

After the child has been born, your son can begin to assert his parental rights, including asking for a DNA test, custody, visitation, etc., if he wishes to do so.

The mother's failure to get proper prenatal care and her attempts to isolate the father from the child will be taken into consideration by the Court at that time.

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 5/10/09, 5:57 pm


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