Legal Question in Family Law in South Carolina
if a woman and a man have a child together out of wedlock and he is on the birth certificate and the mother lets the child stay over night is there anything the mother can do if the father refuses to give the child back until court???????/
1 Answer from Attorneys
This seemingly simple question is actually quite complex. On the one hand, there is a statute the clearly says that unmarried mothers have sole custody of their children until and unless the Court says otherwise. However, the father can argue that because he is the father and the Court has not yet limited his time with the child, he has just as much right to the child as the mother.
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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