Legal Question in Family Law in South Carolina

My son has two kids with his girlfriend, There not together, He has had the kids and been taking care of them because there mother won't take care of them. It is a known fact that she has been taking illegal drugs. She is also receiving government benefits by saying she and her children live with her grandmother. She has been living in a car and anywhere else she ends up at for the night. Because she is the kids mother she is free to get the kids anytime she wants to. My son and I don't blieve the kids are safe with her but he is afraid if we notify dss that they will be taken and he won't be able to see them. He can't afford a lawyer but what rights does he have what can he do?


Asked on 4/29/10, 11:40 am

1 Answer from Attorneys

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

His best option is to file an action seeking custody of the children, because that's the only way to guarantee that she won't try to come and get them. DSS might seem like an option, but there's no guarantee that they would take the kids from her and even if they did, she'd be able to get them back if she cooperates with DSS.

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

Read more
Answered on 5/08/10, 6:12 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in South Carolina