Legal Question in Family Law in South Carolina

Step father with Temp Custody while mother is Jail

I have temporary custody of my step son while his mother is in prison for 18 months. His natural father has custody of thier daughter. Daughter molested Son 2 years ago. Natural father found out about mother in prison and is coming to take son. Is there a way to prevent this?


Asked on 11/29/07, 10:47 pm

1 Answer from Attorneys

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

Re: Step father with Temp Custody while mother is Jail

There is not a clear-cut answer to this situation. Unless you have an Order granting you some legal right to this child (custody, temporary custody, etc.), then you do not really have standing to prevent a biological parent from taking the child.

Of course, you could argue that you are keeping the child with the consent of the custodial parent, akin to a babysitter or day care, which might help prevent him from taking the child. However, the best course of action for the biological father is to bring an action in Court to have the Judge determine what should happen.

lThese 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 11/30/07, 9:06 am


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