Legal Question in Family Law in South Carolina
permanent custody of niece and nephew
My husband and I were given permanent custody(Parental rights not terminated) of our niece and nephew last year through DSS due to drugs. The parents are setting up a home again in hopes of sueing us for custody. How does this process work? Should we seek legal counsel for this? Will a judge pay close attention to the situation past and present?
1 Answer from Attorneys
Re: permanent custody of niece and nephew
The parents would need to file a new action and serve you with those pleadings seeking custody of the child. They will need to show that circumstances have significantly changed and that it is in the best interest of the child that custody go back to them.
You do not necessarily need counsel until they file such an action, but if you are sure that they are going to, there are things that you and your attorney can be doing now to prepare your case to be as prepared as possible for the hearing.
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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