South Carolina  |  Family Law

Legal Question

Asked on: 3/09/13, 10:20 pm

*Regarding South Carolina law*

My common law wife left in mid January to continue her drug addiction and to be with another man. She left our 13yo son and her other 2 (18 & 16) children which i have raised since birth, here with me. This has happened many times over the years and this time she won't be back in my life. I have many questions and I'll try to be specific and elaborate best I can.

I have never paid child support through the courts but have regularly paid her weekly over the years. Though we never dealt with receipts, I have copies from several of her South Carolina DSS contribution forms for food stamps stating what i have given her and for how long.

*Q: Is this enough to keep me from paying back child support for my son if she decided to take me to court?

The kids have been living with this time since February 2012. I had to pick them up from her and her boyfriends house because she had 6 felony warrants served on her. I let her move in with me when she bonded out and she stayed here with me for 10 months.

*Q What is the best way to prove the children live her for court purposes, if ever need be?

I have a feeling that when she starts getting her disability and her back pay, she will try to come and take my son out of the home to live with her. She Is currently on probation for the previous mentioned crimes and has an extensive medical treatment record for several conditions including depression, anxiety, insomnia and schizophrenia, which she takes medication for all. She also abuses pain medication.

I have had my run-in's with the law but have not been in trouble in several years. I have a steady job, a stable home and great references from the child's principal,counselor and teachers which I am faithfully involved with.

*Q: What kind of a chance do I stand if i try for custody?

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