Legal Question in Family Law in South Carolina

My sister was married to one man and had a child bye another. The man she was married to raised the child as his. The other man sometimes had contact in and out of his life. She left the man she was married to, and lived on her own. The child can be a handful at times and shows no respect to her, but she loves the child very much.My sister became ill and the child punch her in stomach, she just had surgery. And when she got better she let the child stay because of her hours on the job. So she let the child stay with the man that was his father for a almost a year. Keeping in contact and visiting her son off and on. The father of the child has gone through girlfriends that has watched this child. But his new girlfriend and her children did not like the child. The mother came and picked the child up at night because of the activity that was going on. The father told the child he was no longer welcome at his home. My sister has had the child almost a year. Now the father has come back and says he wants custody of the child, and is claiming she abandoned the child. How is this considered abandonment if she was in contact with the child? The father is telling the courts he never said the child was kick out. He told the courts that my sister put that in his head. So is that considered abondonment because she let the child live with the father?


Asked on 4/26/11, 6:50 pm

1 Answer from Attorneys

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

Custody cases involve many different factors, and you've named a few of them here. However, there are other things that will be taken into consideration when determining which parent should be granted custody.

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.SpartanburgLawyers.com). I wish you the best of luck.

Ben Stevens

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Answered on 4/26/11, 7:28 pm


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