Legal Question in Family Law in South Carolina

Question about Paternity Rights in South Carolina: This has been an ongoing argument between my husband and a girl that he was with before we got married. They slept together a couple times, and she was also sleeping with a couple different guys also, and she got pregnant. According to her, my husband is her child's father, however, there has been no dna testing to prove it and he has not signed any birth certificate or any other paper stating that he acknowledges to be the child's father. In fact he believes he is not the child's father, and therefore has never paid any child support and has never even met the child. This girl has been harrassing us both for the past 4 years, since the child was born, about my husband signing over his parental rights. Here is my question: If he does not believe this child is his, and no tests have been done to prove it, nor has he signed his name to any document stating that he acknowledges to be the father, does he even have any rights over that child? Also, what actions can the mother of the child legally take against him?


Asked on 10/03/09, 9:27 pm

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

If he is the child's father, then he will have rights and if not, then he won't. Of course, until a DNA test is done, there is no way to know for sure if he is or isn't. Also, just because she wants him to "sign over his rights" does not mean that the Court would allow him to do so, unless it was part of an adoption case. If he is the child's father, then he can be required to pay child support, but he can also seek custody and/or visitation if he wishes to do so.

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 10/12/09, 10:26 pm


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