Legal Question in Family Law in South Carolina

Type your question here...My Husband and I would like to seek temporary custody of our 2 year old Grandson., Our son was recently incarcerated for criminal domestic violence and making moonshine in his kitchen. Our Grandson stays with us 95% of the time. They have made numerous decisions that would question there parenting skills. I mean making moonshine which is highly flammable in a small kitchen of a mobile home with a 2 year old present? They have also had there power turnedf off numerous times and did not tell us and stayed in 28 degree temps with no heat. My son has drove stone drunk with our Grandson and his wife in the car and she thinks this is ok. Many other incidents TOO numerous ti list. We have kept very detailed documentation of all of this. They get Food stamps and WIC but our Grandson never sees any of this. We buy all of his food and clothing. Would we have a strong case for custody?

Asked on 8/24/09, 11:32 am

2 Answers from Attorneys

Rita Metts Metts Law Firm, LLC
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Based on the information you provided, if you can prove that the parents are unfit and that it would be in the child's best interest, you do have a strong case.

Please don't accept this as legal advice regarding you situation. I strongly urge you to set a consultation with an attorney where both sides of this issue and any possible opposition by the parents can be evaluated to give you a better answer.

Thanks.

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8/29/09, 11:43 am
Ben Stevens The Stevens Firm, P.A. Family Law Center
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Getting custody from a biological parent is always difficult, but if you can prove that the parents are unfit and/or that they have put the child's safety or welfare at risk it can be done. Choosing the right attorney to pursue this type of case is important, because experience can make a difference.

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.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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9/09/09, 10:18 pm

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