Legal Question in Family Law in South Carolina
Single mother seeks paternity advice
I am soon to be a single mother. I worry about the future of my child; I am trying to compile a plan that is suitable for both the biological father and myself, without seeking legal visitation or child support. The father and I have NEVER been an item. I live in SC, he as well; however he is soon to move to GA. My questions: 1. If he is not on the birth cert, 1.a. does he have any 'rights' to visitation or could he take my child without my permission? 1.b. should I marry, would my husband be able to adopt my child - especially if the father is, by that time, nonexistant? 1.c. Should I marry before the birth, as I am involved with a wonderful man, would he then be the legal father of my child and would the biological father be able to fight for legal visitation? 1.d. Still leaving the father's name off of the BC, should I pass - would I be able to leave the child to my family (be it my parents or grandparents) or if I am married, leave my child to my husband - would the biological father then be able to win a fight for legal paternity and take the child away from her family support? I am quite scared of the possibilities, this is a tricky situation being a single parent and wanting to insure a stable and safe environment.
1 Answer from Attorneys
Re: Single mother seeks paternity advice
You have listed several questions, each of which involves a long, complicated answer. The main concepts that you should be aware of are listed below:
1. If you were to marry before the birth of the child, your husband would be "presumed" to be the child's father.
2. Nonetheless, the biological father can bring an action in Family Court to have paternity established and to seek any relief he desires, such as custody, visitation, child support, etc.
3. You should have a valid Will, which should set forth your desires / preferences with regard to who would have custody of the child. However, the father could seek custody contrary to your stated wishes, but the ultimate decision would be up to the Court.
As you see, there are many sub-issues at play here and they can have serious consequences to the lives of those involved. You should consult with an experienced family law attorney to discuss these issues in depth and to be sure that you understand the implications of each option.
If you want additional information, you can visit our family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com).
Good luck,
Ben Stevens
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