Legal Question in Family Law in South Carolina
Child Custody
Mother has custody of three children ages, 16, 15, and 10. Parents have seperated for a year and are getting ready to file. The father has lived with girlfriend for almost the whole (not the reason for the breakup). Mother has a job that takes her out of town for a night and sometimes leaving the kids to fend for themselves. The 10-year old is the only boy and has been on five or six meds since the father has left. He has stated many times he wants to live with his dad. Are there any loopholes in the law to gain custody even though he is not married to the girlfriend, whom he plans to marry next year? The mother has left town on a few occassions leaving the kids without food in the house. What are the chances of proving neglect?
1 Answer from Attorneys
Re: Child Custody
I can't tell you what the chances of proving neglect are, because I simply do not know what evidence would be presented in court to that effect. I can tell you this. The courts frown upon a child living with an unmarried couple. However, the courts frown more upon children being left alone without food. In short, the court would base its decision based on what it considers to be in the "best interest of the children."
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