Legal Question in Family Law in South Carolina

Re: who will get custody

Given the framework of your question, I would assume that you do not live your son and his mother. Normally, if a parent is arrested, the child is placed with the Department of Social Services if there is not a family member to take the child. If all were arrested, and you were not available, then your son would probably be placed in a foster home, at least until his mother got out of jail. If no further action was taken by the Department of Social Services, then there would not be any final custody determination. If a full blown DSS custody matter began as a result of a raid on the house, the child probably would be placed with you, provided you can provide suitable living arrangements. Family placement is preferred, but if not available or suitable, then the child would be placed in a foster home. Your military status could have some bearing, either positive or negative, but I would need to know more about your military situation. If you are concerned that what you describe is going to happen, I would suggest you get an attorney and get custody of your son.