Legal Question in Family Law in South Carolina
Unmarried Daughter's Child
My Daughter just turned 19. She has a daughter 16 months old. She is not married to the father. She has lived with us all of her life as well as the baby's life. The father is in and out of the baby's life. He does not pay child support. He may, once a month or so buy diapers and a little food. The baby is on medicaid. My daughter thought at one time she would marry this man, but has had a change of heart. The father's name is on the birth certificate and the baby has his last name. What I need to know is, who has legal custody of her and what my daughter may need to do to obtain full rights to her. Does he have the right to take her any time he wants to? How do we go about making sure he doesn't take her from her? My daughter is working right now but wants to eventually go to school to further her education. I, being the Grandmother, keeps the baby while she works. Like I said before, my home is the only home either mother or daughter has ever known. My daughter does not want him to have any visitation rights unless supervised. Please help us in determining what we should do. Thanks so very much. We need a quick response.
1 Answer from Attorneys
Re: Unmarried Daughter's Child
If your daughter and this man have never been married, then she has legal custody. However, the safest thing to do is to get a court order giving her custody. You can at the same time, get an order specifying supervised visitation. You would also be entitled to child support from him. Robet J. Johnston 843-828-1137