Legal Question in Family Law in South Carolina

My step daughter is 7 years old and my husband just found out that he is not her biological father. The mother of the child went to the man she suspected was the biological father, had him take a paternity test, and it came back that he was the biological father. The biological father has been around the child before, it wasn't uncommon for him to go out to eat with the mother and child or go over to their house. My husband is friends with the biological father and has been allowing the child to see the biological father and his family, so that they get to know each other. The child does not know yet that he is her father and my husband isn't. My husband still wants to be in the child's life, but the bio father wants to get to know her as well. We are working together to accomplish this, but my husband was served with papers last night for a hearing because the mother is trying to terminate his parental rights and change the child's last name to the mother's last name. Does she have grounds to terminate his rights and what is the likelihood?


Asked on 11/20/13, 9:10 am

1 Answer from Attorneys

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

This is a very complex situation, and it is important that they be handled correctly. The options available to your husband will depend on the specific facts of this particular case. In other words, there is no generic, "one size fits all" answer. The sooner he acts, the better.

It is extremely important that your husband consult an experienced family law attorney to find out what options are available to him based on the facts of your particular case. He is welcome to visit our website (www.SCFamilyLaw.com) and/or contact our office to schedule a consultation to discuss these issues in detail.

Ben Stevens

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Answered on 11/20/13, 9:50 am


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