Legal Question in Family Law in South Carolina

getting rights back

My daughts rights to her children were removed when she was sent to prison. On her divorce it states that she has to petition the court to get her rights back. Does she have to have a lawer to do that? If not how do we go about petitioning the court


Asked on 12/19/08, 11:24 am

4 Answers from Attorneys

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

Re: getting rights back

If her rights were terminated, then she cannot get them back. If they were not, then it will be necessary to look at the Order to see what can be done. She can represent herself in any Family Court action, but it is always better to have an attorney to make sure that everything is done correctly and most effectively.

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 12/19/08, 11:45 am
Prof.Somnath Mukherjee s.mukherjee associates,09874053359

Re: getting rights back

Actually in legal system a convicted person cannot get custody right to her children, but on moral ground a mother has right to see the children, so your daughter can file a petition in which she can seeking a right see her children in a specified day or time.If the court satisfied that your daughter change her criminal attitude the court can give custodial right.

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Answered on 12/19/08, 1:14 pm
Prof.Somnath Mukherjee s.mukherjee associates,09874053359

Re: getting rights back

Actually in legal system a convicted person cannot get custody right to her children, but on moral ground a mother has right to see the children, so your daughter can file a petition in which she can seeking a right see her children in a specified day or time.If the court satisfied that your daughter change her criminal attitude the court can give custodial right.

Read more
Answered on 12/19/08, 1:14 pm
Prof.Somnath Mukherjee s.mukherjee associates,09874053359

Re: getting rights back

Actually in legal system a convicted person cannot get custody right to her children, but on moral ground a mother has right to see the children, so your daughter can file a petition in which she can seeking a right see her children in a specified day or time.If the court satisfied that your daughter change her criminal attitude the court can give custodial right.

Read more
Answered on 12/19/08, 1:14 pm


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